1 S.B. Civil Misc. Appeal No.1119/2007 National Insurance Co. Ltd.. vs. Bhema & Ors. S.B. Civil Misc. Appeal No.1119/2007 National Insurance Co. Ltd. vs. Bhema & Ors. Date : 24.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Jagdish Vyas, for the appellant. Mr.Ravinder Paliwal, for the respondents. - - - - - Heard learned counsel for the parties. The only question involved in this appeal whether the appellant insurance company can be held liable to reimburse the insured for the claim of the claimants as awarded by the Motor Accident Claims Tribunal, Dungarpur Camp Sagwara in MACT Claim No.132/2005 (254/2003) vide award dated 22.9.2006. The Tribunal held that the driver of the vehicle was holding a valid driving license of light motor vehicle. Admittedly, there was no endorsement authorising him to drive transport vehicle and the accident was caused by him by the transport vehicle. According to learned counsel for the appellant 2 S.B. Civil Misc. Appeal No.1119/2007 National Insurance Co. Ltd.. vs. Bhema & Ors. insurance company, in view of the judgment of the Hon'ble Supreme Court delivered in the case of New India Assurance Co. Ltd. vs. Roshanben Rahemansha Fakir & Anr. reported in MACD 2008 (SC) 183 and another judgment of the Hon'ble Supreme Court delivered in the case of New India Assurance Co. Ltd. vs. Prabhu Lal. reported in MACD 2008 (SC) 21, the insurance company cannot be held liable. Learned counsel for the respondents relied upon the judgment of this Court delivered in the case of the United India Insurance Co. Ltd. vs. Smt. Kamli Devi and ors. reported in 2008 WLC (Raj.) (UC) 604 and submitted that this Court following the decision of the Hon'ble Supreme Court delivered in the case of National Insurance Co. Ltd. vs. Annappa Irappa Nesaria and ors. reported in 2008(1) T.A.C. 812 (SC), held that a person holding license to drive light motor vehicle can drive the transport vehicle looking to the weight of the vehicle. I considered the submissions of learned counsel for the parties and perused the judgments referred to above. 3 S.B. Civil Misc. Appeal No.1119/2007 National Insurance Co. Ltd.. vs. Bhema & Ors. It appears that the case of Annappa Irappa Nesaria (supra) was considered by the Hon'ble Apex Court in Roshanben Rahemansha Fakir (supra) and thereafter, it has been held that the definition of light motor vehicle would not include light transport vehicle. In view of the above, this appeal deserves to be allowed and hence, allowed and it is held that the insurance company shall not be liable to pay any amount of compensation either to the owner or driver of the vehicle. The claimants shall be free to recover the amount from the owner of the vehicle. The amount which has already been paid by the appellant to the claimants may be recovered from the owner of the vehicle by the appellant. (PRAKASH TATIA), J. S.Phophaliya