Smt. Harddep Kaur And Ors vs Ramandeep Singh And Ors
2021 Latest Caselaw 15376 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2766/2017

1. Smt. Hardeep Kaur W/o Late Shri Bagh Singh, aged about 64 years.

2. Smt. Karamjeet Kaur W/o Late Shri Tirth Singh, aged about 40 years.

3. Sukhmandeep Kaur D/o Late Shri Tirth Singh, aged about 16 years.

Since Minor, Through Her Natural Mother Smt. Karamjeet Kaur W/o Late Shri Tirth Singh.

All By Caste Jat- Sikh, Resident Of Chak 4-O, Lakhiya, Tehsil Karanpur District Sri Ganganagar.

----Appellants 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. Karan Joshi For Respondent(s) : Mr. J.S. Bhaleria

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment

04/10/2021 The case is listed in the 'orders' category, however, with the consent of the learned counsel for the parties, the matter is being heard and disposed of finally.

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Learned counsel for the appellant prays for dispensing with the service upon respondent No. 2.

Service upon respondent No. 2 is dispensed with at the risk and cost of learned counsel for the appellant.

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. 20/2014 (333/14), whereby the Tribunal awarded a sum of Rs.6,76,800/- to the appellant-claimant on account of death of Tirth Singh, who is the father 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.

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

(3 of 3) [CMA-2766/2017]

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

215-Payal/-

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