Sri S. Banerji, learned counsel for the appellant submits that the offending vehicle was tanker carrying hazardous goods. The driver of the vehicle was not having endorsement for driving the vehicle carrying hazardous goods on the date of accident i.e.,29.10.2016 because the endorsement was made on 18.08.2017 which was valid upto 13.06.2018. However, learned tribunal has declined to consider it only on the ground that no question was put to driver at the time of examination, whereas tribunal had admitted that he was driving the tanker at the time of alleged accident. Therefore even if the tanker was not carrying the hazardous goods at that time, it cannot be said that it could have been driven by a driver who has no endorsement for driving a vehicle carrying hazardous goods. He relies on judgment and order dated 18.08.2021 passed in F.A.F.O. No.3370 of 2019(Ramesh chandra Tiwari versus Madan singh and 4 others). He further submits that the accident had occurred in the middle of the road and a plea was also taken in this regard regarding the contributory negligence but without recording any finding in this regard, plea has been declined merely on the ground that the burden lies on the driver of the heavy vehicle.
