Goa

StateCommission

A/38/2014

M/s.Casa Bhat & others - Complainant(s)

Versus

United India Insurance Co. Ltd, Vasco - Opp.Party(s)

Shambhu.S.Kakodkar

20 Jun 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/38/2014
(Arisen out of Order Dated 28/03/2014 in Case No. 82/2003 of District South Goa)
 
1. M/s.Casa Bhat & others
Office at Shop No. 9, Laxmi Narayan Niwas, Vasco Da Gama, Goa
Goa
2. Sadanand Raghoba Dhavalikar
Mangor Hill, Vasco Da Gama, Goa
Goa
3. Pandurang Raghoba Dhavalikar
Geetanjali Building, Vasco Da Gama, Goa
Goa
4. Sushila Govind Dhavalikar
G-3, Golden Hill Apartments, Mangor Hill, Vasco Da Gama, Goa
Goa
...........Appellant(s)
Versus
1. United India Insurance Co. Ltd, Vasco
Office at Colaco Building, Swatantrya Path, Vasco Da Gama, Goa
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MRS. Smt.Vidhya R. Gurav MEMBER
 
For the Appellant:
Adv. Shri. S. S. Kakaodkar
 
For the Respondent:
ORDER

In terms of Section 2(21) of the M. V. Act, a L.M.V. may include a transport vehicle but when it is a transport vehicle, it requires  a license to drive a transport vehicle. Ordinary license to drive L.M.V. will not do. In the words of the Apex Court in Angad Kol and ors. (supra) "a transport vehicle may be a light motor vehicle but for the purpose of driving the same, a distinct license is required to be obtained."

We, therefore, have no other option but to go by the majority view held by the District Forum and hold the dismissal of the complaint was in order.

We find there is no merit in this appeal and consequently the same is dismissed.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MRS. Smt.Vidhya R. Gurav]
MEMBER

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