United India Insurance Co. Ltd vs Pravesh Mandal And Ors
2021 Latest Caselaw 2221 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1921/2017

United India Insurance Company Limited Through Deputy Manager, T.p. Hub, 2Nd Floor, 74 - A, Bhati N. Plaza, Main Pal Road, Jodhpur.

----Appellant Versus

1. Pravesh Mandal S/o Rudal Mandal, By Caste Hindu, aged about 29 years,

2. Smt. Leela Devi W/o Pravesh Mandal, aged about 39 years, All Are R/o Kala Pithariyan, District Dar, Bihar. At Present R/o House No. 4-K-72, Kuri Housing Board, Jodhpur.

3. Jitendra Singh S/o Narayan Singh, By Caste Rajput, R/o Pipali Chowk, Pahadganj First, Mandor Road, Jodhpur.

4. Vinod Kumar Mishra S/o Maheshwar Mishra, By Caste Brahmin, R/o House No. A-82, Saraswati Nagar, Basani First Phase, Jodhpur.

                                                                  ----Respondents


For Appellant(s)           :     Mr. Sunil A Vyas
For Respondent(s)          :

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

27/01/2021

The present appeal has been filed in the "defects" category.

The office has pointed out 3 defects. Defect No. 1 is compensation

certificate under Section 173 of M.V. Act which has not been filed.

Learned counsel for the appellant submits that he has

already filed the certificate before the office. He further submits

that he has got the photostat copy of the same which is taken on

record. Defect No. 1, therefore, is removed.

(2 of 2) [CMA-1921/2017]

As far as the defect Nos. 2 and 3 are concerned, the same

are waived.

Learned counsel for the appellant submits that the present

appeal has been preferred against the Judgment and Award dated

18.05.2017 passed by the Motor Accident Claims Tribunal, First,

Jodhpur, in MACT Case No. 616/2012. He further submits that the

only ground in the present appeal is, that the driver of the light

motor vehicle which was involved in the present case was not

holding the requisite license for driving the light motor vehicle. He

fairly concedes that in the light of the Hon'ble the Supreme Court

Judgment in the case of Mukun Devangan Vs. Oriental Insurance

Co. Ltd (2017)14 SCC 663, the ground agitated in this appeal

shall not survive.

Considering the submissions made before this Court and in

view of the Hon'ble the Supreme Court Judgment in the case of

Mukun Devangan Vs. Oriental Insurance Co. Ltd (2017)14 SCC

663, the appeal has no force and the same is, therefore,

dismissed.

(VINIT KUMAR MATHUR),J

30-Payal/-

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