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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAC.APP. 142/2009
Date of Decision: 12th May, 2009
%
JAI BHAGWAN RANA ..... Appellant
Through : Mr. J.S. Kanwar, Adv.
versus
THE ORIENTAL INSURANCE
CO. LTD & ORS ...... Respondents
Through : Mr. A.K. Soni, Adv. for R - 1.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may
be allowed to see the Judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be
reported in the Digest?
JUDGMENT (Oral)
1. The appellant is the owner of the Tempo bearing No.DL-1L- B-7087 which met with an accident resulting in injuries to the claimant. The learned Tribunal passed the award of Rs.2,28,542/- in favour of the claimant and against the Oriental Insurance Company Limited. The learned Tribunal further granted recovery rights to Oriental Insurance Company Limited to recover the award amount from the owner on the ground that the driver of the offending vehicle was holding a driving licence to drive the light motor vehicle but he was not authorized to drive tempo which is a commercial vehicle.
2. The learned counsel for the appellant submits that in the case of National Insurance Co. Ltd. Vs. Annappa Irappa Nesaria, 2008 ACJ 721 the driver was holding a driving licence MAC .APP.No.142/2009 Page 1 of 2 to drive light motor vehicle but was driving a van which had a goods carriage permit and the Insurance Company sought to avoid the liability on the ground that the driver of the said vehicle did not possess an effective licence to drive a transport vehicle. The Hon'ble Supreme Court held that the 'Transport Vehicle' has now been substituted for 'Medium goods vehicle' and 'Heavy goods vehicle' in Form 4 but 'Light motor vehicle' continued at the relevant point of time, to cover both, light passenger carriage vehicle and light goods carriage vehicle and the driver holding a valid licence to drive light motor vehicle was authorized to drive light goods vehicle as well.
3. This case is covered by the aforesaid judgment as the driver of the offending vehicle was holding a valid driving licence to drive the tempo in question.
4. The appeal is, therefore, allowed and the order of the learned Tribunal is set aside in so far as the learned Tribunal has granted recovery rights to Oriental Insurance Company to recover the award amount from the appellant.
5. No costs.
6. Copy of this order be given 'Dasti' to learned counsel for both the parties under signatures of Court Master.
J.R. MIDHA, J MAY 12, 2009 mk MAC .APP.No.142/2009 Page 2 of 2