Mac App No. 83/202 vs The New India Insurance Co. Ltd
2022 Latest Caselaw 267 j&K

                                                                Sr. No. 30

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU

                                                   Mac App No. 83/2021
Sudershan Sharma                                   .....Appellant(s)/Petitioner(s)


                      Through: Mr. Arjun Mengi, Advocate
                 Vs
The New India Insurance Co. Ltd.                             ..... Respondent(s)
                      Through: Mr. Amrit Sarin, Advocate

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                   ORDER

The appellant who is the owner of the offending vehicle has impugned

the judgment/award dated 30.11.2015 passed by the Motor Accidents Claims

Tribunal (ADJ), Udhampur by virtue of which, the compensation was awarded to

the claimants and the respondent-Insurance Company was directed to satisfy the

award with a liberty to recover the same from the owner of the offending vehicle.

Heard Mr. Arjun, Mengi, learned counsel for the appellant and Mr.

Amrit Sarin, learned counsel for the respondent.

The only issue that has been raised is with regard to the competence of

the driver who was having licence for driving the Light Motor Vehicle, to drive

the Passenger vehicle. Though, the learned Tribunal has considered the said

aspect and has come to the conclusion on the basis of witnesses produced by the

respondent-Insurance Company before the learned Tribunal that the driver was

holding a licence for driving a Motor Cycle with gear and Light Motor Vehicle

but it was observed by the learned Tribunal that the driver was not authorized to

drive the offending vehicle. This issue is no more res-integra as the Hon'ble Apex

Court has already observed that the driver having a licence for driving Light

Motor Vehicle can drive the Passenger vehicle as well without PSV endorsement.

In view of the judgment of the Apex Court, in case titled, 'Mukund

Dewangan vs. Oriental Insurance Company Limited', this Court is of the

considered opinion that liberty to pay and recover granted to the respondent

Insurance Company is required to be set aside.

In view of this, the award of the Tribunal is modified in terms

mentioned above.

The present appeal is, disposed of.

(RAJNESH OSWAL) JUDGE

Jammu 24.02.2022 Neha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No