Rajasthan High Court - Jodhpur
O.I.C.Ltd vs Smt.Shanti And Ors on 17 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 596/2009
The Oriental Insurance Company Ltd, Divisional Office, Bhilwara,
through its Legally Constituted Authority, Divisional Office,
Bhansali Tower, Residency Road, Jodhpur.
----Appellant
Versus
1. Smt. Shanti W/o Shri Ramesh Kumar Meena,
2. Ramesh Kumar S/o Sh. Ramgopal Meena,
Both R/o Village Gadoli, Tehsil Jahajpur, District Bhilwara.
....Claimants
3. Hemraj S/o Shri Laluram Meena, R/o Village Luhari Kala (Nala
Ka Jhopda), PS Jahajpur, Tehsil Jahajpur, District Bhilwara
(Driver).
4. Navab Khan S/o Kasam Khan, R/o Village Itunda, Tehsil
Jahajpur, District Bhilwara (Owner).
----Respondent
For Appellant(s) : Mr. Jagdish Vyas through VC
For Respondent(s) : Mr. Sanjay Nahar 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
12.12.2008 passed by the Judge, Motor Accident Claims Tribunal,
Shahpura, District Bhilwara in M.A.C. Case No. 07/2007 whereby,
the learned Judge, MACT Cases has awarded compensation in the
sum of Rs. 2,29,000/- 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, Shahpura, Distt. Bhilwara stating therein that on
(2 of 3) [CMA-596/2009]
04.01.2007, when the deceased Sangeeta was crossing the road
with her mother, at that time, Vehicle bearing registration No. CRJ
06- PA- 477 being driven rash and negligently by the driver hit the
vehicle of deceased and consequently due to grievous injuries, she
died.
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. 2,29,000/-
alongwith interest @ 9% 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
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
12.12.2008 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
(3 of 3) [CMA-596/2009]
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 @ 9% 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 12.12.2008, claimants are held to
be entitled to get compensation in the sum of Rs. 2,29,000/-,
however, the claimants shall be entitled to interest @ 7% p.a
instead of 9% 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
112-BJSH/-
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