Pooran Mal Sharma vs Maya Devi And Ors
2022 Latest Caselaw 288 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

           S.B. Civil Miscellaneous Appeal No. 2278/2013

Pooran Mal Sharma
                                                                    ----Appellant
                                    Versus
Maya Devi And Ors
                                                                 ----Respondents

For Appellant(s) : Mr. Santosh Kumar Soni through V.C. For Respondent(s) : Mr. Raaj Pal Choudhary, through V.C.

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

12/01/2022

This appeal has been filed by owner of vehicle assailing judgment

dated 30.04.2013 in relation to findings of issue No.3 whereunder, while

exonerating Insurance Company, under principal of "Pay and Recovery"

the Insurance Company was allowed to recover the compensation paid

to claimants from owner and driver of vehicle.

Learned counsel for appellant submits that the gross weight of

vehicle in question does not exceed 7,500 Kg and findings recorded by

Tribunal are contrary to judgment passed by the Hon'ble Supreme Court

in case of Mukund Dewangan Vs. Oriental Insurance Company

Ltd, reported in 2017 (14) SCC 663 which has further been followed

by Rajasthan High Court in catena of case. Learned counsel-Insurance

Company opposed the said arguments that the vehicle in question is a

commercial vehicle which was being used for transportation therefore,

the aforesaid principal propounded in the case of Mukund Dewangan

may not apply to the present case.

Heard learned counsel for both the parties.

Admit.

(2 of 2) [CMA-2278/2013]

Issue notice to respondents.

Since the dispute is only between appellant and Insurance

Company, who are represented through their counsel, no need to issue

notices and service of other respondents is dispensed with on the

request of counsel for appellant.

Heard on stay application.

In the present case, it is clear that gross weight of vehicle in

question does not exceed 7,500/- and such findings have been recorded

by the Tribunal as well. Therefore, following principal of law has

propounded in case of Mukund Dewangan (supra), impugned judgment

dated 30.04.2013 to the extent of allowing recovery to Insurance

Company from owner and driver of the vehicle is stayed during course

of appeal.

Stay application is accordingly disposed of.

Record has already been received.

Put up in due course.

(SUDESH BANSAL),J

TN/30

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