H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA

Appeal No. 200/2007.

Date of Decision 23.3.2009.

United India Insurance Company Ltd., Divisional Office,

Timber House, Cart Road, Shimla-1, through its Divisional Manager.

……..Appellant.

Versus



Sh. V.N. Sood, Proprietor M/s Asian & International

Travels 91, The Mall Shimla.

…….Respondent.

Hon’ble Mr. Justice Arun Kumar Goel, President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether Approved for reporting? Yes.



For the Appellant. Mr. G.D. Sharma, Advocate



For the Respondent. Mr. K.S. Thakur, Advocate.



O R D E R:



Justice Arun Kumar Goel (Retd.) President (Oral)



When hearing in this case commenced, only ground urged on behalf of the appellant was that the driver of the vehicle, namely Sh. Prem Singh was not holding a valid and effective driving licence at the time of accident. Therefore, the District Forum below fell into grave error while allowing Complaint No. 501/2003 on 28.3.2007 directing the appellant to pay Rs. 21,940.15 paise with interest @ 9% per annum from the date of filing of the complaint i.e., 24.12.2003 till realization besides cost of Rs. 1500/-.

2. Vehicle being insured with the appellant under a valid policy of insurance on the date of its accident i.e., 15.1.2002 is not in dispute, as such other facts are not being noted.

3. By referring to Annexure R-II, Mr. Thakur learned counsel for the respondent submitted, that the driving licence of Sh. Prem Singh was for motorcycle and motorcar from 17.5.2000 to 16.5.2020, this was prior to the amendment of Central Motor Vehicles Rules, 1989 which were amended w.e.f. 28.3.2001, therefore according to him this appeal is liable to be dismissed. With a view to advance the case of his client Mr. Thakur drew our attention to the decision of the Hon’ble Supreme Court in the case of National Insurance Company Ltd. Vs. Annappa Irappa Nesaria Alias Nesaragi and others, (2008) 3 Supreme Court Cases 464.

4. When confronted with this decision and admitted fact that the driving licence had been issued in favour of driver Prem Singh prior to 28.3.2001 whereby he was authorized to driver a LMV, learned counsel for the appellant could not stretch his submission further that the driver was not holding a valid and effective driving licence. What was held by the Hon’ble Supreme Court in this case, and is relevant for the determination of this present appeal is extracted hereinbelow:-



“9. A “light goods carriage” having not been defined in the Act, the definition of the “light motor vehicle” clearly indicates that it takes within its umbrage both a transport vehicle and a non-transport vehicle.

x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xx x x



20. From what has been noticed hereinbefore, it is evident that “transport vehicle” has now been substituted for “medium goods vehicle” and “heavy goods vehicle”. The light motor vehicle continued, at the relevant point of time to cover both “light passenger carriage vehicle” and “light goods carriage vehicle”. A driver who had a valid licence to drive a light motor vehicle, therefore, was authorised to drive a light goods vehicle as well.



21. The amendments carried out in the Rules having a prospective operation, the licence held by the driver of the vehicle in question cannot be said to be invalid in law.”





5. No other point is urged.

In view of the aforesaid discussion and the law laid down by the Apex Court, we find no merit in this appeal which is accordingly dismissed, leaving the parties to bear their own costs.



All interim orders passed from time to time in this appeal shall stand vacated forthwith.

Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.

Office is directed to remit the entire deposited amount with upto date interest accrued on it to the respondent.



Shimla.

23rd March, 2009 (Justice Arun Kumar Goel) Retd.

/K/ President.





(Saroj Sharma)

Member.



(Chander Shekher Sharma)

Member.