The Oriental Insurance ... vs Purkha Ram And Ors
2021 Latest Caselaw 15252 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal no.2086/2016 The Oriental Insurance Company Limited through its Divisional Manager, 637-B, Third Floor, Bhansali Tower, Residency Road, Jodhpur.

----Appellant/Insurer Versus

1. Purkha Ram S/o Shri Uma Ram, B/c Jat, R/o. Village Barmer Magra (Barmer Agore), Tehsil And District Barmer.

---Claimant

2. Sona Ram S/o Shri Chaina Ram, B/c. Jat, R/o. Khudasa Gaon Taliya, Tehsil And District Barmer.

---Driver

3. Smt. Hemi Devi W/o Shri Aja Ram, B/c Jat, R/o. Bhaduon Ka Der (Khudasa), Tehsil And District Barmer.

---Owner

4. Charan Singh S/o Shri Kishna Ram, B/c Jat, R/o. Bhaduon Ka Der (Khudasa), Tehsil And District Barmer.

--- Power of Attorney Holder

----Respondents

For Petitioner(s) : Mr. Mukul Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

01/10/2021 The present appeal has been filed by the appellant-

Insurance company against judgment and award dated

18.04.2016 passed by learned Motor Accident Claims Tribunal,

Barmer in M.A.C.T. Case No.638/2015, whereby, the learned

Tribunal after framing the issues, evaluating the evidence on

record and hearing the learned counsel for the parties decided the

claim petition of the respondent-claimant and awarded a sum of

Rs.3,58,639/- in favour of the claimant on account of the injuries

(2 of 2)

suffered by Purkha Ram in the accident which occurred on

12.01.2014.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits that the only

ground raised in the appeal preferred by the Insurance Company

is against the finding of Tribunal on Issue No.3. He fairly submits

that issue raised in the present appeal does not survive in the light

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 the vehicle is weighing less than 7500kg., whether the

driver of the said vehicle was holding the requisite licence to drive

the transport vehicle or not, is of no consequences. If a driver is

holding a driving licence to drive Light Motor Vehicle and there is

no endorsement to the effect to drive the transport vehicle, will

not dis-entitle the claimant and it will not be a ground to deny the

claim of the claimants by the Insurance Company.

The appeal being bereft of merit, is hereby dismissed in view

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

Mukund Dewangan (supra).

(VINIT KUMAR MATHUR),J C-1-SunilS/-

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