Smt. Karamjeet Kaur vs Ramandeep Singh And Ors
2021 Latest Caselaw 7501 Raj

(1 of 3) [CMA-2741/2017]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2741/2017

Smt. Karamjeet Kaur W/o Late Shri Tirth Singh, By Caste Jat- Sikh, Aged about 40 years, Resident Of Chak 4-0, Lakhiya, Tehsil Karanpur District Sri Ganganagar.

----Appellant/Claimant Versus

1. Shri Ramandeep Singh S/o Shri Amajreet Singh, By Caste Jat-Sikh, Resident Of Killayawali, Police Station Lambi District Muktsar, Punjab.

--- Driver Of The Jeep

2. Shri Sunil Kumar S/o Shri Teel Chand, Resident Of Gali No. Napam Deepu Wali Malot, District Shri Muktsar Sahab Punjab.

--- Owner Of The Jeep

3. The Oriental Insurance Company Ltd., Branch G.T. Road, Malot, Punjab.

4. Shri Paramjeet Singh S/o Shri Jagroop Singh, By Caste Jat-Sikh, Resident Of VPO Danewala, Tehsil Abohar District Fajilka, Punjab.

--- Car Owner

5. New India Insurance Company Ltd., Branch Office Abohar, Dist. Fajilka Punjab.

--- Car Insurer

----Respondents

For Appellant(s) : Mr. Kanishk Singhvi for Mr. C. S. Kotwani For Respondent(s) : Mr. Rajesh Choudhary, for respondent No.5 (New India Assurance Company) Mr. D. S. Nimla, for respondent No.3 (The Oriental Insurance Company)

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

17/03/2021 The matter comes upon an application (Inward No.01/2021)

for preponement of the date of hearing.

For the reasons mentioned in the application, the same is

allowed.

(2 of 3) [CMA-2741/2017]

With the consent of the learned counsel for the parties, the

matter is being heard and disposed of finally.

The present appeal has been preferred by the appellant-

claimant against the judgment and award dated 23.06.2017

passed by Motor Accident Claims Tribunal, (Labour Court),

Sriganganagar in Civil Misc. (M.A.C.T.) Case No. 22/2014

(335/14), whereby the Tribunal awarded a sum of Rs.6,83,000/-

to the appellant-claimant on account of death of Ms. Anmol, who

is the daughter of the appellant-claimant, in the accident which

occurred on 09.07.2012.

The learned Tribunal, after framing the issues, evaluating the

evidence on record and hearing learned counsel for the parties

decided the claim petition of the appellant.

Learned counsel for the appellant-claimant submits that the

finding of the Tribunal recorded on Issue No.2 is not correct. He

submits that driver of the pickup was holding a license to drive the

light motor vehicle and the vehicle involved in the accident was

pickup, therefore, in the light of the judgment of Hon'ble the

Supreme Court in case of Mukund Dewangan vs. Oriental

Insurance company Limited, (2017) 14 SCC 663, the liability

to pay the compensation squarely falls upon respondent No.3 i.e.

Oriental Insurance Company.

Per contra, learned counsel for the respondents submit that

the finding of the Tribunal recorded on Issue No.2 does not suffer

from any infirmity as the Tribunal after evaluating the evidence

has decided Issue No.2. However, he is not in a position to

controvert the judgment of Hon'ble the Supreme Court in the case

of Mukund Dewangan (Supra).

I have considered the submissions made at the Bar and have

gone through the judgment and award dated 23.06.2017 as well

as other relevant record of the case.

(3 of 3) [CMA-2741/2017]

The Tribunal exonerated the respondent No.3 i.e. Oriental

Insurance Company Ltd. on the ground that the driver of the

Pickup, which was a commercial vehicle, was not holding the

requisite license to drive the same. Thus, the Issue No.2 was

decided in favour of the respondent-Oriental Insurance Company.

Admittedly, the weight of the concerned vehicle was less than

7,500 Kg. As per the judgment of the Hon'ble Supreme Court in

the case of Mukund Dewangan (Supra), if a person holds a license

to drive light motor vehicle than whether the vehicle driven by

such person is commercial, transport or any other vehicle, it will

not be construed as a breach exonerating insurance company, if

the weight of vehicle is less than 7,500 kgs. Thus, the finding

recorded by the Tribunal on Issue No.2 is not correct and it is held

that driver of the Pickup namely Ramandeep was eligible to drive

the concerned vehicle as he was holding a valid license to drive

the light motor vehicle.

Resultantly, the present civil misc. appeal of the appellant-

claimant is partly allowed and the finding of the Tribunal on Issue

No.2 is quashed and set-aside and it is directed that respondent

No.3(Oriental Insurance Company) shall pay the amount of

compensation to the claimant as ordered by the Tribunal vide

judgment and award dated 23.06.2017 within a period of eight

weeks from today.

(VINIT KUMAR MATHUR),J 105-SunilS/-

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