National Insurance Co. Ltd. Alld. vs Smt. Lalti Devi And Others
2023 Latest Caselaw 10537 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1351 of 2000
 

 
Appellant :- National Insurance Co. Ltd. Alld.
 
Respondent :- Smt. Lalti Devi And Others
 
Counsel for Appellant :- A.K. Sinha
 
Counsel for Respondent :- Indrakesh Kumar Sharma,Shivendra Bahadur
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1. This appeal at the behest of the National Insurance Co. Ltd. challenges the judgment and award dated 22.5.2000 passed Motor Accident Claims Tribunal/Additonal District Judge, Gorakhpur in MAC No. 399 of 1994 awarding compensation of Rs.65,000/- with interest at the rate of 12%.

2. Heard learned counsel for the appellant and Sri Indrakesh Kumar Sharma, learned counsel for the claimant-respondents.

3. The main ground raised in this appeal is that though the driver had driving license to drive Light Motor Vehicle, he was driving transport vehicle without any endorsement.

4. While going through the record, it is clear that the matter is covered by the decision in Mukund Dewangan Vs. Oriental Insurance Company Limited, A.I.R. 2017 (SC) 3668 wherein the Apex Court has held that there is no need of additional endorsement for transport vehicle if it is in the category of light motor vehicle.

5. In view of the above, the appeal fails and is dismissed. Interim relief, if any, shall stand vacated forthwith. The amount be disbursed to the claimants forthwith with interest accrued.

Order Date :- 10.4.2023

DKS