Chief Municipal Officer vs Smt. Versha
2022 Latest Caselaw 1397 MP

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                              The High Court Of Madhya Pradesh
                                        MA No. 1066 of 2021
                                (CHIEF MUNICIPAL OFFICER AND OTHERS Vs SMT. VERSHA AND OTHERS)

                      Jabalpur, Dated : 31-01-2022
                            Heard through Video Conferencing.

                            Shri Ashish Shroti, learned counsel for the appellants.
                            Appellants have filed this appeal against award dated 11.02.2021 in
                      Claim Case No. 82 of 2017.
                            Counsel appearing for the appellants submitted that Claims Tribunal
                      committed an error of law in absolving insurance company from liability to

                      pay the compensation amount. Claims Tribunal held that Driver was not
                      having valid and effective license to drive fire brigade. Counsel submitted that
                      Driver at the relevant time was having license to drive tractor trolley and non-
                      transport vehicle. He places reliance on judgment of National Insurance
                      Company vs Swaran Singh Tinge, reported in (2004) 3 SCC 297 [para
                      47, 64, 89 and 90]. It is submitted that as per said judgment even if Driver is
                      not having license to drive specified class of vehicle and he is having a
                      license, then insurance company cannot be exonerated.
                            Issue notices to respondents by ordinary as well as registered mode on

payment of process fee within seven days, returnable within four weeks.

Meanwhile, no coercive action be taken against appellants for recovery of compensation amount paid by insurance company to claimants till next date of hearing.

C.C. as per rules.

                                                                               (VISHAL DHAGAT)
                                                                                    JUDGE

                      vkt




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Digitally signed by VINOD KUMAR TIWARI Date: 2022.02.01 12:58:54 IST