The Divisional Manager vs Khudi Ram Ganzhoo
2021 Latest Caselaw 2218 Jhar

                         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    M.A. No. 98 of 2013
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The Divisional Manager, National Insurance Company Limited through its Assistant Manager (Legal), Divisional Office, Ranchi ...Appellant(s).

                                          Versus
                   1. Khudi Ram Ganzhoo
                   2. Prakash Kumar                                     ... Respondent(s)

                   CORAM        :     HON'BLE MR. JUSTICE ANANDA SEN.
                                      Through: Video Conferencing
                                                ------
                   For the Appellant(s)         : Mr. Pratyush Kumar, Advocate.
                   For the Respondent           : Mr. Nikhil Ranjan, Advocate

07/06.07.2021:            This appeal is filed by the Insurance Company against the award dated

14.12.2012 passed by the Motor Accident Claims Tribunal, Ranchi in Compensation Case No. 45 (T)/2001. The ground which the Insurance Company has taken is that there was no authorisation in favour of the driver to drive a vehicle commercially.

Admittedly the driver is holding a license to drive light motor vehicle and was driving a light motor vehicle but for commercial purpose.

This issue has set at rest by the Hon'ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd. as reported in (2017) 14 SCC 663 in para nos. 52, 53 and 60.

Counsel for the appellant fairly submits the aforesaid proposition which has been laid down by the Hon'ble Supreme Court can be applied in this case.

Considering the Judgment of the Hon'ble Supreme Court in the case of Mukund Dewangan Vs. Oriental Insurance Co. Ltd. specially para 52, 53, 60, I find that this appeal lacks merits.

This appeal is thus dismissed.

Counsel for the respondents submit that not a single penny has been paid to them.

Considering the aforesaid submission, I direct the Insurance Company to withdraw the statutory amount which has been deposited before this Court and settle the award dated 14.12.2012 as early as possible.

  Rajnish/c.p. 2                                                            (ANANDA SEN, J.)