Jai Bhagwan Rana vs The Oriental Insurance Co. Ltd & ...
2009 Latest Caselaw 2001 Del

26
*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

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