Rajasthan High Court - Jodhpur
Ram Kumar And Ors vs Bhajan Lal And Ors on 16 March, 2021
Bench: Vinit Kumar Mathur
(1 of 3) [CMA-882/2010]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 882/2010
1. Ram Kumar S/o Shri Amar Singh, aged 58 years, by caste Jat,
R/o. Rampura Bagdiya, P.S. Choupata, District Sirsa (Haryana).
2. M/s. Balaji Savyam Sahayata Samhoo, Jasaniya through
Chairman, Rajendra S/o Shri Beli Ram, by caste Caste Jat, R/o.
Jasaniya, Tehsil & District Sirsa (Haryana).
3. M/s. Balaji Savyam Sahayata Samhoo, Jasaniya through
Secretary Chanan S/o Shri Aadram, by caste Meghwal, R/o.
Jasaniya, Tehsil & District Sirsa (Haryana).
(Ower Pickup No. HR57-1412)
----Appellant
Versus
1. Bhajan Lal S/o Shri Bhadar Singh, aged 20 years, by caste
Jat, R/o. Momanwas, Post Utradabas, Tehsil Bhadra, District
Hanumangarh.
2. Vinod Kumar S/o Shri Ram Kumar, by caste Jat, aged 22
years, R/o. Rampura Bagdiya, P.S. Choupata, Sirsa (Haryana)
(Driver of the Pickup No. HR-57-1412)
3. The New India Insurance Co. Ltd. Regional Office,
Hanumangarh
(Insurance Company Pickup HR-57-1412)
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Anil Bachawat
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
16/03/2021
The matter comes upon an application for deciding the
appeal in the light of judgment of Hon'ble the Supreme Court in
the case of Mukund Dewangan V/s Oriental Insurance
Company Limited(Supra).
(2 of 3) [CMA-882/2010]
With the consent of the learned counsel for the parties, the
matter is heard and decided at this stage.
The present appeal has been preferred by the appellants
against the Judgment and Award dated 23.07.2009 passed by the
Motor Accident Claims Tribunal, Bhadra District Hanumangarh in
M.A.C. Case No. 06/2008 whereby, the claim petition filed by the
claimants has been allowed, an amount of Rs. 1,25,885/- was
awarded as compensation in favour of the respondents/claimants.
The present appeal has been preferred by the owner of the pickup
vehicle which was involved in the accident which occurred on
09.09.2007.
The solitary ground raised by the learned counsel for the
appellants is that the findings recorded by the Tribunal on Issue
No. 3 are contrary to the judgment of Hon'ble Supreme Court in
the case of Mukund Dewangan (Supra). He further submits that
the findings recorded by the Tribunal on issue No. 3 is not
sustainable in the light of Judgment of Hon'ble Supreme Court in
the case of Mukund Dewangan (Supra).
Per contra, learned counsel for the respondent - Insurance
Company submits that the Tribunal after evaluating the evidence
has rightly issued the findings on Issue No. 3. However, he is not
in a position to controvert the Judgment of the Apex Court.
I have considered the submissions made at the Bar and gone
through the Judgment and Award dated 23.07.2009.
The findings recorded by the Tribunal on Issue No. 3 that the
pickup was a transport vehicle and the driver of the pickup Vinod
Kumar was only having a driving license of light motor-vehicle,
therefore, the Insurance Company is not liable to pay the
compensation in the present case, is not sustainable. In the case
(3 of 3) [CMA-882/2010]
of Mukund Dewangan (Supra) the Hon'ble Supreme Court has held
that if a person holds a driving license of light motor-vehicle and if
the motor-vehicle driven is less than 7500 kg in weight then the
driver holding the license to drive light motor-vehicle is eligible to
drive that vehicle, even if the same is a transport or a commercial
vehicle. Therefore, in the light of the judgment by Apex Court, the
driver Vinod Kumar was eligible to drive the pickup as he was
holding the license to drive a light motor-vehicle. Thus, the
findings recorded by the Tribunal is not correct and therefore, the
same is quashed and set aside.
The net result of the discussions made above is that the
present appeal is allowed. The liability to pay the compensation is
fastened upon Insurance Company and therefore, the amount
shall be paid by the Insurance Company.
At this juncture, it is submitted that the amount awarded by
the Tribunal in its Judgment dated 23.07.2009 has already been
paid to the claimants by the appellants in the execution
proceedings. Therefore, the Insurance Company shall pay the said
amount to the appellants within a period of eight weeks.
(VINIT KUMAR MATHUR),J
40-Payal/-
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