Rajasthan High Court - Jodhpur
The Oriental Ins. Co. Ltd vs Smt. Pani And Ors on 27 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Civil Misc. Appeal No. 2988/2017
The Oriental Insurance Company Limited through its legally
constituted authority, TP Claims Hub, Divisional Office, 537-B,
Bhansali Tower, Residency Road, Jodhpur.
----Appellant
Versus
1. Smt. Pani W/o Late Laxman Ram.
2. Kailash S/o Late Laxman Ram (Minor).
3. Dala Ram S/o Late Laxman Ram (Minor).
4. Jaga Ram S/o Late Laxman Ram (Minor).
5. Amrit S/o Late Laxman Ram (Minor).
Minors are represented through their Natural Guardian
Mother Smt. Pani.
6. Smt. Mooli W/o Late Sada Ram.,
All By caste Sargara, Residents of Bhadrajun-Ki- Dhani,
Bhadrajun, Tehsil Ahore, District Jalore.
7. Dinesh Singh S/o Narain Singh Ravna Rajput, Resident of
Village Bhadrajun, Tehsil Ahore, District Jalore
----Respondents
For Appellant(s) : Mr. Jagdish Vyas
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
27/01/2021
The matter is listed in the "Defect" category as notices upon
the respondents have not been served.
As per the office report, the present appeal is reported to be
barred by limitation of 61 days.
Learned counsel for the appellant has moved the application
under Section 5 of the Limitation Act seeking condonation of delay
in filing the appeal.
For the reasons mentioned in the application, the same is
allowed. The delay of 61 days in filing the appeal is condoned.
(2 of 2) [CMA-2988/2017]
Heard on the main appeal.
Learned counsel for the appellant submits that the present
appeal has been preferred against the Judgment and Award dated
07.06.2017 passed by the Commissioner, Employees'
Compensation - cum - Labour Court, Jodhpur in W.C. Case
No. 150/2015 whereby the compensation to the tune of
Rs. 2,60,669/- along with interest @ 12% p.a. has been awarded
in favour of the respondents-claimants.
Learned counsel submits that the only ground raised in the
present appeal is with respect to the license possessed by the
driver of the vehicle in question. According to the learned
counsel, the driver of the vehicle in question was not competent to
drive the vehicle involved in the accident i.e. auto rickshaw which
is a transport vehicle. However, he very fairly submits that
aforesaid issue has already been decided by the Hon'ble Apex
Court in the case of Mukund Dewangan Vs. Oriental
Insurance Company Limited reported in (2017) 14 SCC 663,
wherein it has been held that the type of vehicle will not matter as
any vehicle which is less than 7500 kgs. weight, the license to
drive light motor-vehicle will be a valid license for driving the light
transport vehicle of all categories but less than 7500 kgs.
In view of the authoritative pronouncement of the Hon'ble
Supreme Court in the case of Mukund Dewangan (supra), the
present appeal has no force, therefore, the same is dismissed.
(VINIT KUMAR MATHUR),J
35-Inder/-
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