United India Insurance Co. Ltd vs Shankar Lal
2022 Latest Caselaw 14327 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2230/2022

United India Insurance Co. Ltd., Through Its Legally Constituted Authority, T.p. Hub, 74A, Bhati-N-Plaza, Pal Road, Jodhpur.

----Appellant Versus

1. Shankar Lal S/o Late Sh. Daulaji Meena, By Caste Meena R/o Village Meghat-Fala, Kherki Via Parsad,tehsil Sarada, District Udaipur.

2. Smt. Jeevali Bai W/o Sh. Shankar Lal Meena, By Caste Meena R/o Village Meghat-Fala, Kherki Via Parsad,tehsil Sarada, District Udaipur.

3. Kailash S/o Jalam Chand @ Jalma Meena, R/o Village Kherki Via Parsad, Tehsil Sarada, District Udiapur. (Driver)

4. Ashok Kumar S/o Rodi Lal Dangi, R/o Adarsh Market, Dabok. Tehsil Mavli, District Udaipur. (Registered Owner)

5. Meetha Lal S/o Bheru Lal Dangi, R/o Paria Darauli, Tehsil Vallabh Nagar. District Udaipur. (Actual Owner)

----Respondents

For Appellant(s) : Mr. Jagdish Chandra Vyas For Respondent(s) :

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

06/12/2022

Learned counsel appearing for the appellant-Insurance

Company submits that the insured vehicle was a heavy goods

vehicle and falls under the category of transport vehicle. He

submits that the accident occurred on 02.08.2017 and at the time

of accident, the driver of the vehicle did not have a valid and

effective driving license. The license expired on 30.12.2016. It is

also submitted that the deceased was an occupant of the goods

(2 of 2) [CMA-2230/2022]

vehicle and was not a third party, therefore, the claimants have no

right to recover the amount from the appellant-Insurance

Company. The theory of "pay and recover" is not applicable in the

facts and circumstances of the present case as the deceased was

not a third party. In support of his contentions, learned counsel

appearing for the appellant-Insurance Company has relied upon

the judgments of Hon'ble the Supreme Court delivered in the case

of National Insurance Company Ltd Vs. Vidhyadhar Mahariwala &

Ors reported in (2008) 12 SCC 701 and in the case of Beli Ram

Vs. Rajinder Kumar & Anr reported in 2021 (1) RAR 13 (SC).

Matter requires consideration.

Admit.

Issue notice to respondents.

Issue notice of stay application also, returnable within six

weeks.

Till then, effect, operation and execution of the impugned

judgment and award dated 30.09.2022 passed by the learned

Motor Accident Claims Tribunal-1, Udaipur in MAC Case

No.608/2019 shall remain stayed qua the appellant.

(MADAN GOPAL VYAS),J 31-nidhi/-

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