United India Insurance Co Ltd vs Sureshbhai Premchandabhai ...
2021 Latest Caselaw 18536 Guj

      C/FA/1904/2014                              ORDER DATED: 17/12/2021




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 1904 of 2014

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        UNITED INDIA INSURANCE CO LTD
                    Versus
 SURESHBHAI PREMCHANDABHAI PRAJAPATI & 2 others
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Appearance:
MR R G DWIVEDI(6601) for the Appellant(s) No. 1
MR UM SHASTRI(830) for the Defendant(s) No. 2,3
NOTICE SERVED(4) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                           Date : 17/12/2021

                            ORAL ORDER

1. The present appeal is preferred against the judgment and award dated 16th December, 2013 passed by the Motor Accident Claim Tribunal (Aux.), Godhara in Motor Accident Claim Petition no.332 of 2007 on the main ground that the driving license of the respondent no.2 - original opponent no.1, was not authorised to drive auto-rickshaw, as well as, transport vehicle as per the provisions of Motor Vehicle Rules. No other ground is raised urging the appeal.

2. Heard Mr. R. G. Dwivedi, learned advocate for the appellant and Mr. U. M. Shastri, learned advocate for the respondents.

3. Mr. Dwivedi, learned advocate for the appellant submitted that the respondent no.2 was not holding valid driving licence to drive auto-rickshaw, as well as, transport

C/FA/1904/2014 ORDER DATED: 17/12/2021

vehicle. He has drawn attention to Exh.20 from the record and submitted that the Tribunal has committed an error and therefore, prays to allow the appeal on this ground only.

4. Per contra, Mr. Shastri, learned advocate for the respondents has drawn the attention to the judgment reported in (2017) 14 SCC 663 in case of Mukund Dewangan Vs. Oriental Insurance Company Limited and submitted that in view of this judgment, now the present appeal required to be dismissed as it would now not be survived. He further submitted that auto-rickshaw comes in the class of LMV category. Reliance placed on para-60.4 of the said judgment, which reads as under :-

"60.4 The effect of amendment of Form 4 by insertion of "transport vehicle" is related only to the categories which were substituted int eh year 1994 and the procedure to obtain driving licence for transport vehicle of class of "light motor vehicle" continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle,and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect."

5. Heard learned advocates for the respective parties, perused the record of the case. The main contention raised in the memo of the appeal is regarding validity of driving licence of the respondent no.2, who is alleged to have not authorised

C/FA/1904/2014 ORDER DATED: 17/12/2021

to drive auto-rickshaw, as well as, transport vehicle as per the provision of Motor Vehicle Rules. In the present case driver is holding valid driving licence for LMC. The controversy involved in the present appeal is covered by the judgment of Mukund Dewangan Vs. Oriental Insurance Company Limited (supra) and therefore, in my opinion the present appeal cannot be succeeded as no other ground urging the present appeal and therefore, present appeal is required to be dismissed.

6. In the result, the appeal is dismissed. However, there shall be no order as to costs.

7. R. & P. lying here be sent forthwith to the concerned Tribunal. The amount, which is lying before the Tribunal or in the FDR may be paid to the claimants forthwith after due verification.

(SANDEEP N. BHATT, J.) AMAR RATHOD...