Uday Singh vs Reliance General Insurance Co Ltd ...
2022 Latest Caselaw 1251 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 4830/2017

Uday Singh
                                                                     ----Appellant
                                    Versus
Reliance General Insurance Co Ltd and Ors.
                                                                  ----Respondents

For Appellant(s) : Mr. V.K. Tamoliya through V.C.

For Respondent(s)         :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

03/02/2022

This appeal has been filed by owner and driver of vehicle

assailing judgment and award dated 03.06.2017 passed by Motor

Accident Claim Tribunal, Neem ka thana, District Sikar whereby

and whereuner compensation of Rs.36,25,172/- was awarded in

favour of the claimants.

Learned counsel for appellant submits that in this claim

petition, initially the award was passed on 30.07.2013 and in that

award Insurance Company was also held liable. Claimants has

already received compensation amount from the Insurance

Company pursuant to previous award dated 30.07.2013. He

submits that later on the matter was remanded and now after

remand the Tribunal has exonerated the Insurance Company from

its liability on the ground that the appellant (owner and driver of

vehicle) was having two licenses. He submits that having two

licenses may be an offence violative of Section 6 of the Motor

Vehicle Act, 1988, but for this reason the Insurance Company may

not be exonerated from its liability to pay compensation. In

(2 of 2) [CMA-4830/2017]

support the judgments in case of Arvinder Walia Vs. ICICI

Lombard General Insurance 2018 SCC Online Delhi 10995

and Sikander Singh Vs. Future General India Insurance Co.

Ltd. 2016 SCC Online Delhi 6399 have been referred.

Heard.

Admit.

Issue notice to respondents of appeal as also stay

application.

In view of fact that the compensation amount has already

been received by claimants from the Insurance Company, the

recovery of compensation amount by the Insurance Company

from the appellant pursuant to the impugned award dated

03.06.2017 shall remain stayed.

Record of the Tribunal be summoned.

(SUDESH BANSAL),J

TN/8

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