National Insurance Co. Ltd vs Sumer Singh And Ors
2021 Latest Caselaw 13002 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 751/2014

National Insurance Company Ltd., Near Alok Cinema, Churu, through its Legally constituted Authority, Regional Office, Sun Tower, Pal Road, Jodhpur.

----Appellant Versus

1. Sumer Singh S/o Shri Gurudayal Nayak, Resident of Village Berasar Gumana, Tehsil Rajgarh, District Churu.

(Claimant)

2. Dhanpat Singh S/o Shri Bhoora Ram Jat. (Owner)

3. Subhash S/o Shri Dhanpat Singh Jat. (Driver) Both residents of Village- Seuwa, Tehsil Rajgarh, District Churu (Non-Applicants)

----Respondents

For Appellant(s) : Mr. Jagdish Vyas For Respondent(s) : Mr. S.K. Poonia

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

19/08/2021

The present appeal has been preferred against the judgment

and award dated 21.01.2014 passed by the Motor Accident Claims

Tribunal, Rajgarh, District Churu in MAC Case No.16/2008

whereby, the learned Tribunal awarded a compensation of

Rs.99,075/- in favour of respondent-claimant on account of the

injuries suffered by him in the accident which occurred on

10.08.1997.

Learned counsel for the appellant-Insurance Company

submits that the ground on which the appeal has been preferred is

that the insured vehicle was not being driven by the competent

person as the driver of the offending vehicle, namely, Subhash

was holding a licence to drive the light motor vehicle and the

vehicle involved in the accident was a transport vehicle i.e. Tata

(2 of 2) [CMA-751/2014]

407 and there was no endorsement on the licence of the driver to

drive the transport vehicle. Having not considered this aspect of

the matter, the learned Tribunal committed an error while passing

the award dated 21.01.2014 and thus, the appellant - Insurance

Company was not liable to pay the compensation in the present

case.

Per contra, learned counsel appearing for the respondents

submits that the argument of the learned counsel for the appellant

is not sustainable in view of the judgment of Hon'ble the Supreme

Court in the case of Mukund Dewangan V/s Oriental

Insurance Company Limited reported in (2017) 14 SCC

663, wherein it was held that if a person is holding a licence to

drive light motor vehicle, irrespective of the fact whether the

vehicle involved is a transport vehicle or otherwise and the weight

of the vehicle is less than 7500kg. then the person holding a

licence to drive Light Motor Vehicle will be a competent person to

drive the same.

In view of the judgment of the Hon'ble Supreme Court in the

case of Mukund Dewangan (supra), the argument of the appellant-

Insurance Company is not sustainable and the finding recorded by

the learned Tribunal is not required to be interfered with.

The appeal, being bereft of merit, is hereby dismissed.

(VINIT KUMAR MATHUR),J

106-/Vivek/-

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