National Insurance Company vs Geeta & Ors
2019 Latest Caselaw 6432 Del

$~14
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                            Decided on: 10.12.2019

+      MAC.APP. 67/2018 & CM APP No.5273/2019
       NATIONAL INSURANCE COMPANY                         ..... Appellant
                          Through:    Ms. Rakhi Dubey, Advocate.
                          versus
       GEETA & ORS                                     ..... Respondents
                          Through:    Mr.Mohit Gupta for Mr.Ajay Paul,
                                      Advocate for R6.
                                      Mr.Ashok Kr. Verma, Adv. for R5.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI

NAJMI WAZIRI, J (Oral)

1.     The appellant impugns the award of compensation dated 23.09.2017
passed by the learned MACT in MACT No 449646/2016 insofar as it has
not granted the right of recovery to the insurance company, against the
owner of the offending- insured vehicle.
2.     The driver of the said vehicle was admittedly duly licensed to drive a
Light Motor Vehicle (LMV). In terms of the decision of the Supreme Court
in Mukund Dewangan vs. Orinetal Insurance Co. Ltd., (2016) 4 SCC 298, a
Light Motor Vehicle includes all vehicles having an unladed weight of upto
7500 kgs., therefore, a valid driving licence holder for a LMV would be
permitted to drive any such motor vehicle that weighed upto 7500 kgs on its
own. In the present case, since the offending- insured vehicle was a medium
transport vehicle weighing about 9800 kgs and being driven on licence of
LMV, the insured owner was clearly in breach of the insurance policy. In the




MAC.APP.67-2018                                                   Page 1 of 2
 circumstance, the appellant ought to be and is granted right of recovery
against such owner.
3.    The awarded amount is stated to be deposited by the appellant-
insurer. Let the same be released to the beneficiaries of the award in terms of
scheme of disbursement specified therein. The appellant- insurer shall have
the right to recover the same from the owner of the offending insured
vehicle.
4.    Since the appellant has succeeded in the appeal, let the statutory
deposit alongwith interest accrued thereon be returned to the appellant.
5.    The appeal is disposed-off in the above terms.




                                              NAJMI WAZIRI, J.

DECEMBER 10, 2019/neelam