Summary
Applying Mukund Dewangan, the Court held that the LMV-licensed driver could drive the tractor and goods trolley within the LMV transport class without a separate endorsement. There was no policy breach on that ground, so the insurer’s recovery right against the owner was set aside.
Issues
- Whether absence of a separate transport endorsement justified insurer recovery against the owner for this LMV tractor-trolley.
Held
- The tractor-trolley was a transport vehicle within the LMV class. The driver’s LMV licence sufficed under the companion reference answer, and no endorsement-based breach of policy was established. (¶ 2–5)
Result
Appeals allowed; insurer’s recovery right against owner set aside. Owner, driver and insurer held jointly and severally liable. No costs.