From perusal of the impugned award and the statements of Sunil Kumar Tirki (NAW-1), who is Assistant Grade-HI in the office of R.T.O.‘ Bilaspur as well as Tushar Krantighosh (NAW—2), Administrative Officer of the appeiiant/insurance company‘ it is found that initially driving licence was granted to respondent No.4 Bhushan Prasad/driver on 19.11.1986 only for Light Motor Vehicle (Private or Non-transport) and subsequently, he was authorized to drive Heavy Goods Vehicle with effect from 19.8.1994 and Heavy Public Vehicle with effect from 18.1 1 .1995. It is pettinent to mention here that in the instant case, the date of accident is 2.12.1993. As such, on the date of accident, respondent No.4/driver was possessing a licence to drive only Light Motor Vehicle (Non-transport), but at the relevant point of time, he was driving Mini Bus (offending vehicle), which is a publicservicevehicle. Although, unladen weight of the offending vehicle is 6180 kg, but for driving a transport vehicle, a specific authorization is necessary, as has been laid down by the Hon’ble Supreme Court in the case of Oriental Insurance Company Limited vs. Angad Kol and others, (2009) 11 SCC 356. As such, on the basis of evidence adduced, it stands proved that driver/respondent No.4 Bhushan Prasad was not possessing a valid and effective driving licence to drive Public Service Vehicle i.e. the offending vehicle on the date of accident and on account of this, there has been breach of terms and conditions of the insurance policy and consequently, the appellant/insurance company could not have been held liable for the payment of compensation. Thus, by fastening liability to pay compensation upon the appellant/insurance company, the Tribunal has definitely committed a manifest error of law and therefore, the same deserves to be and is hereby set aside. 10. So far quantum of compensation is concerned, the Tribunal has assessed the monthly income of the deceased as Rs.1500l— i.e. Rs18000/— per annum. The number of dependents were four and therefore, as per law laid down by the Hon’ble Supreme Court in the case of Sarla Verma (Smt.) Vs. Delhi Transport ‘Corporation and ayother, reported in (2009) 6 SCC 121, 1/4”‘
