- (1.) Both these appeals arise from the common judgment, therefore were heard analogously and are being disposed of by a common judgment.
(2.) The claim petition submitted by the claimants Dharma Ram and Smt. Dami related to the accident occurred on November 18, 1992 when Truck RJ 04 G 0061 crushed Kumari Veena a girl of 11 years, who was student of six class. Dharma Ram and Smt. Dami are her parents sought compensation by filing claim petition. The claim petition was contested by the insurance company, who is appellant in Miscellaneous Appeal No. 487/1995 as well as the vehicle owner. The learned Tribunal awarded Rs. 42,250/- as compensation to the claimants. Dissatisfied with the size of the award, claimants preferred Misc. Appeal No. 208 of 1995, whereas the insurance company assailed the said award on the ground that the owner of the vehicle committed breach of the policy, hence the insurance company was not liable for compensation.
(3.) I have given my anxious consideration to the rival submissions of carefully scanned the material on record. The contention of Mr. R. K. Mehta, learned counsel appearing for the insurance company is that the driver of the vehicle was not having valid licence at the time of the accident. The driving licence produced was of light transport vehicle whereas the vehicle involved in the accident was heavy transport vehicle. The driver Pemaram was having a non transport licence but was allowed to drive the heavy transport vehicle for that he was not authorised. As such the insurance company could not have been held responsible to pay the compensation. Shri Mehta learned counsel has drawn my attention towards Section 14 of the Motor Vehicles Act, which reads as under : "14. Currency of licences to drive motor vehicles.- (1) A learner's licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence. (2) A driving licence issued or renewed under this Act shall,- (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years; and (b) in the case of any other licence,- (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of forty years on the date of issue or as the case may be renewal thereof,- (A) be effective for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attains the age of forty years, whichever is earlier; (ii) if the person referred to in sub-clause (i) has attained the age of forty years on the date of issue or, as the case may be renewal thereof, be effective for a period of five years from the date of such issue or renewal; Provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.";