O.I.C.Ltd vs Hem Raj And Ors
2022 Latest Caselaw 814 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 37/2013

The Oriental Insurance Company Ltd, Branch Office- Meera Market, Chittorgarh, through its Legally Constituted Authority, Divisional Office, 537-B, Bhansali Tower, Residency Road, Jodhpur.

----Appellant Versus

1. Hemraj S/o Shri Moti,

2. Smt. Ganga W/o Shri Hemraj,

3. Mst. Asha D/o Shri Hemraj (Minor)

4. Vishnu S/o Shri Hemraj (Minor) Minors are represented through their natural guardian father Shri Hemraj.

All B/c Charan, R/o Shastri Colony, Nimbhera, District Chittorgarh.

Claimants.

5. Kawarlal S/o Shri Kishanji Keer,

6. Kanhiyalal S/o Sh. Mool Chand Meghwal,

7. Sohanlal S/o Shri Mool Chand Meghwal,

8. Gopal S/o Shri Mool Chand Meghwal, (Joint Owners)

9. Chhaganlal S/o Sh. Balu Ram Keer (Driver) All R/o Village Kalyanpura, Tehsil Nimbhera, District Chittorgarh.

----Respondents

For Appellant(s) : Mr. Jagdish Vyas through VC For Respondent(s) : Mr. Ankit Pratap Singh on behalf of Mr. SS Sisodia through VC

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

17/01/2022

The present appeal has been preferred by the appellant-

Insurance Company against the judgment & award dated

19.10.2012 passed by the Judge, Motor Accident Claims Tribunal,

(2 of 3) [CMA-37/2013]

Chittorgarh in M.A.C. Case No. 410/2011 (482/2006) whereby, the

learned Judge, MACT Cases has awarded compensation in the sum

of Rs. 2,25,000/- to the claimant respondents.

Briefly stated, the facts of the case are that a claim petition

was filed by the claimant respondents before the Motor Accident

Claims Tribunal, Chittorgarh stating therein that on 14.04.2006 in

the evening at about 7 PM, deceased Sanjay along with Madanlal

was going from Nimbahera to Sripura on the motorcycle as a

pillion rider. When they reached near Amali Circle, at that time,

Vehicle bearing registration No. RJ-09-R-7769 being driven rash

and negligently by its driver hit the motorcycle of the deceased

Sanjay and consequently due to grievous injuries, he died during

the course of treatment.

The Tribunal after framing the issues, evaluating the

evidence on record and after hearing the learned counsel for the

parties, passed a judgment and award partly allowing claim

petition awarded compensation in the sum of Rs. 2,25,000/-

alongwith interest @ 8% per annum from the date of application

till date of realization.

At the inception, learned counsel for the respondents while

relying upon the judgment of Hon'ble Apex Court in the case of

Mukund Dewangan Vs. Oriental Insurance Company Limited

reported in AIR 2017 SC 3668 contended that the issue involved

in this case is squarely covered by the judgment of larger Bench of

Hon'ble Apex Court in the case of Mukund Dewangan (Supra)

wherein, it has been held that holder of license to drive Light

Motor Vehicle is also authorized to driver Light Transport Vehicle

as the gross weight of the vehicle involved in the accident is less

(3 of 3) [CMA-37/2013]

than 7500 kg. Thus, the issue involved in the present appeal is

liable to be decided against the Insurance company.

Counsel for the appellant-Insurance Company does not

dispute the aforesaid proposition.

I have considered the submissions on behalf of the counsel

for the parties and perused the impugned judgment/award dated

19.10.2012 as also the material available on record.

In the light of the decision rendered by Hon'ble Apex Court in

the case of Mukund Dewangan (supra), I am of the view that the

licence as possessed by the driver is valid and the Insurance

Company is not entitled to avoid its liability. Hence, the learned

Tribunal has rightly held the Insurance Company liable to pay the

compensation. However, the interest awarded in favour of the

claimants @ 8% is on the higher side. Therefore, to said extent

the appeal filed by the Insurance Company deserves to be

allowed.

Accordingly, the appeal is partly allowed and while modifying

the judgment and award dated 19.10.2012, claimants are held to

be entitled to get compensation in the sum of Rs. 2,25,000/-,

however, the claimants shall be entitled to interest @ 6% p.a

instead of 8% p.a from the date of filing of claim petition. The

remaining amount of compensation, if not already deposited, shall

be deposited before the Tribunal within a period of two months

from today.

(MANOJ KUMAR GARG),J 114-BJSH/-

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