The Oriental Insurance Co. Ltd. vs Smt. Man Devi And Others
2021 Latest Caselaw 1377 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 3514 of 2012
 

 
Appellant :- The Oriental Insurance Co. Ltd.
 
Respondent :- Smt. Man Devi And Others
 
Counsel for Appellant :- S.K. Kakkar,Sumit Kakkar
 
Counsel for Respondent :- Ram Chandra Yadav
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri Sumit Kakkar, learned counsel for the appellant-insurance company and Sri Ram Chandra Yadav, learned counsel for the respondents.

This appeal has been filed by the appellant-insurance company being aggrieved of the judgment and decree dated 25.05.2012 passed by learned Motor Accident Claims Tribunal/District Judge, Chitrakoot in M.A.C.P. No. 59/70/2010, on a singular ground that at the time of the accident, driver of the offending vehicle namely, Sri Umakant Singh was having a driving license to drive a Light Motor Vehicle, whereas accident took place from a Mahindra Loader.

It is admitted that this issue has already been settled by Hon'ble Supreme Court in case of Mukund Dewangan vs. Oriental Insurance Co. Ltd., 2017 (4) TAC 11 (SC), inasmuch as it has been discussed in the award that unladen weight of Mahindra Loader is 1,670 kg, but as per the definition of Light Motor Vehicle as provided under Section 2(21) of the Motor Vehicles Act, 1988, is unladen weight of which does not exceed 7,500 kg. Therefore, as the issue is already covered by the law laid down by the Supreme Court, nothing survives for the adjudication in the appeal.

Therefore, appeal fails and is dismissed.

Order Date :- 21.1.2021

Vikram/-