[Cites 3, Cited by 0]
Madhya Pradesh High Court
National Insurance Company Ltd. vs Deenalal on 13 January, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:1521
1 MA-363-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 13th OF JANUARY, 2026
MISC. APPEAL No. 363 of 2012
NATIONAL INSURANCE COMPANY LTD.
Versus
DEENALAL AND OTHERS
Appearance:
Shri Shrinivas Gajendragadkar - Advocate for the appellant.
ORDER
Learned counsel for the appellant/Insurance Company submitted that
the wrong impugned award of the Claims Tribunal has been annexed in the
first part of the instant appeal; however, the correct impugned award has
been annexed in Part-B of the instant appeal. Therefore, it is prayed that the
impugned award annexed in Part-B may kindly be considered.
2. Prayer accepted.
3. This appeal under Section 173(1) of the Motor Vehicles Act has been
filed by the appellant/Insurance Company, taking exception to the impugned
award dated 09.02.2012 passed by Seventh Motor Accident Claims Tribunal,
Gwalior (M.P.) in Claim Case No.84/2010, whereby the Claims Tribunal has
directed the Insurance Company to pay the compensation to the claimant and
thereafter recover the same from owner and driver of the offending vehicle.
4. The date of the accident and the issue of negligence are not in
dispute; however, the dispute pertains only to the liability.
5. As per the findings recorded by the Claims Tribunal in the case of
NEUTRAL CITATION NO. 2026:MPHC-GWL:1521
2 MA-363-2012
injury to the claimant due to the motor accident, the Claims Tribunal has
awarded compensation to the tune of Rs.47,750/- along with interest.
6. Learned counsel for the appellant/Insurance Co. has filed the present
appeal on the ground that at the time of the accident, the driver of the
offending vehicle was holding a valid and effective driving licence for a light
motor vehicle (LMV), and the driving licence was not endorsed to permit
him to drive a transport/commercial vehicle. Therefore, it is contended that
the Claims Tribunal has committed an error in imposing liability upon the
Insurance Company, and accordingly, setting aside of the impugned award
against the Insurance Company is sought.
7. None for the respondents.
8. Heard the arguments advanced by learned counsel for the appellant
and perused the record of the claims tribunal
9. It is not disputed that at the time of the accident, the driver of the
offending Vikram Auto bearing registration No.MP 07 T 3910, was holding
a licence to drive a light motor vehicle. It is also not disputed that at the time
of the accident, he was driving the offending vehicle, the weight of which
was less than 7,500 kgs.
10. In this regard, reliance can be placed upon the judgment of the
Hon'ble Supreme Court in Mukund Dewangan vs. Oriental Insurance Co.
Ltd., AIR 2017 SC 3668, wherein the Apex Court has held as under:
"(ii) A transport vehicle and omnibus, the gross vehicle
weight of either of which does not exceed 7,500 kg, would
be a light motor vehicle and also motor car or tractor or a
road roller, the 'unladen weight' of which does not exceed
7,500 kg; and the holder of a driving licence to drive the
class of 'light motor vehicle' as provided in Section 10(2)(d)
is competent to drive a transport vehicle or omnibus, the
NEUTRAL CITATION NO. 2026:MPHC-GWL:1521
3 MA-363-2012
gross vehicle weight of which does not exceed 7,500 kg."
11. So far as the contention of the appellant that a separate endorsement
on the licence is required to drive a transport light motor vehicle is
concerned, in view of the law laid down by the Hon'ble Supreme Court in
the case of Mukund Dewangan (supra), this Court does not find any
substance on merits in this regard. The Claims Tribunal has rightly held the
Insurance Company to first pay the compensation to the claimant and
thereafter recover the same from owner and driver of the offending vehicle.
Accordingly, no interference is warranted in the impugned award passed by
the Claims Tribunal.
12. In view of the foregoing discussion, the instant miscellaneous
appeal fails and is hereby dismissed.
(HIRDESH)
JUDGE
*VJ*
