Ram Lakhan Sigarha vs Meera Choudhary
2023 Latest Caselaw 16695 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 9 th OF OCTOBER, 2023
                                           MISC. APPEAL No. 3775 of 2009

                          BETWEEN:-
                          1.    RAM LAKHAN SIGARHA S/O SHRI K.L.SIGARHA,
                                AGED ABOUT 21 YEARS, R/O GRAM MAUHARI,
                                P.S. & TAH. NAGOD DISTRICT SATNA (MADHYA
                                PRADESH) OWNER OF AUTO RIKSHAW NO.
                                MP019R-0159.

                          2.    LALLA @ DINESH @ BANTA SIGRAHA S/O LOTAN
                                SIGARHA, AGED ABOUT 28 YEARS, OCCUPATION:
                                DRIVER R/O GRAM MAUHARI, TAH. NAGOD,
                                D I S TT. SATNA (MADHYA PRADESH) DRIVER-
                                AUTO RIKSHAW NO. MP019R-0159

                                                                            .....PETITIONERS
                          (BY SHRI ARUBENDRA SINGH - ADVOCATE)

                          AND
                          1.    MEERA CHOUDHARY W/O LATE SHRI KAMLESH
                                CHOUDHARY, AGED ABOUT 29 YEARS, R/O GRAM
                                MAUHARI, P.S. & TAH. NAGOD (MADHYA
                                PRADESH)

                          2.    RATAN LAL S/O LATE KAMLESH CHOUDHARY,
                                AGED ABOUT 12 YEARS, OCCUPATION: TH.NG.
                                MOTHER MAUHARI, TAH. NAGOD, DISTT. SATNA
                                (MADHYA PRADESH)

                          3.    KU. REKHA D/O LATE KAMLESH CHOUDHARY,
                                AGED ABOUT 10 YEARS, OCCUPATION: TH.NG.
                                MOTHER MAUHARI, TAH. NAGOD, DISTT. SATNA
                                (MADHYA PRADESH)

                          4.    JITENDRA S/O LATE KAMLESH CHOUDHARY,
                                AGED ABOUT 5 YEARS, OCCUPATION: TH.NG.
                                MOTHER MAUHARI, TAH. NAGOD, DISTT. SATNA
                                (MADHYA PRADESH)

                          5.    RAMDIN CHOUDHARY, AGED ABOUT 60 YEARS,
Signature Not Verified
Signed by: LALIT SINGH
RANA
Signing time: 10/9/2023
6:38:14 PM
                                                        2
                                MAUHARI, TAH. NAGOD, DISTT. SATNA (MADHYA
                                PRADESH)

                          6.    SMT. RAMIYA W/O RAMDIN CHOUDHARY, AGED
                                ABOUT 58 YEARS, MAUHARI, TAH. NAGOD, DISTT.
                                SATNA (MADHYA PRADESH)

                          7.    NATIONAL INSURANCE CMPANY LTD. THROUGH
                                ZONAL MANAGER CHOURASIYA COMPLEX
                                SIMARIYA CHOWK, DISTT. SATNA (MADHYA
                                PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI PRAMOD SAHU - ADVOCATE FOR RESPONDENT NO. 7)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This appeal is filed by the owner and driver being aggrieved of the award dated 27.06.2009, passed by Additional Motor Accident Claims Tribunal, Nagod, District-Satna in Claim Case No. 19/2008, on the ground that it is discussed by the learned tribunal in para 11 that the vehicle in question with which accident took place was a LMV. Driver of the vehicle was having driving license to drive a LMV non transport i.e. private vehicle. There was no endorsement to drive a commercial vehicle and therefore, insurance company has been exonerated.

Though Shri Pramod Sahu- Advocate for Insurance Company and Shri Arubendra Singh, Advocate for the appellants opposes the prayer but now this aspect is well settled in the light of the judgment of the Supreme Court in Mukund Dewangan Vs. Oriental Insurance Company Limited, (2017) 14 SCC 663 that merely lack of endorsement to drive a commercial vehicle, is not sufficient to exonerate the insurance company and therefore, exoneration of the insurance company is set aside.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 10/9/2023 6:38:14 PM

Accordingly, it is directed that owner and driver and the insurance company will be jointly and severally liable to satisfied the impugned award. Other terms and conditions of the award shall remain intact.

In above terms, appeal is disposed off.

(VIVEK AGARWAL) JUDGE L.R.

Signature Not Verified Signed by: LALIT SINGH RANA Signing time: 10/9/2023 6:38:14 PM