Rajasthan High Court - Jodhpur
Mool Chand Kabra vs Shri Ram General Ins. Co. Ltd. ... on 11 March, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:13537]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1842/2017
Mool Chand Kabra S/o Shri Moti Lal, aged 66 years, R/o Village
Toshina Tehsil Didwana Distt. Nagaur. (Owner Of Pickup No. Rj
37-G.A.0029)
----Appellant
Versus
Shri Ram General Insurance Company Ltd. Through Divisional
Manager, Local Divisional Office 1003-E, RIICO Industrial Area
Sitapura- Jaipur (Insurance Company Of Pickup No. Rj 37-G.A.
0029)
----Respondent
Connected With
S.B. Civil Misc. Appeal No. 1791/2017
Mool Chand Kabra S/o Shri Moti Lal, aged 66 years, R/o Village
Toshina Tehsil Didwana Distt. Nagaur. (Owner Of Pickup No. Rj
37-G.A.0029)
----Appellant
Versus
Shri Ram General Insurance Company Ltd. Through Divisional
Manager, Local Divisional Office 1003-E, Riico Industrial Area
Sitapura- Jaipur (Insurance Comapny Of Pickup No. Rj 37-G.a.
0029)
----Respondent
For Appellant(s) : Mr. C.R. Jakhar
For Respondent(s) : Mr. Vipul Singhvi
HON'BLE DR. JUSTICE NUPUR BHATI
Order
11/03/2025
1. The present Civil Misc. Appeals have been filed by the owner
of the vehicle-Pick-up bearing registration No.RJ-37-GA-0029
being aggrieved by the impugned award dated 15.10.2016
(Annexure-4) passed in Civil Misc. Claim Nos.113/2011 and
128/2011 by learned Judge, MACT, Parbatsar, District Nagaur
whereby, the respondent- Shri Ram General Insurance Company
Ltd. (Insurance Company of the Pick-Up) was exonerated from
[2025:RJ-JD:13537] (2 of 3) [CMA-1842/2017]
liability to pay the compensation with a direction to pay and
recover from appellant-owner of the Pick-up.
2. Learned counsel for the appellant-owner submits that the
learned Tribunal in the impugned award dated 15.10.2016
(Annexure-4) has held that the driver of the Pick-up was not
having valid driving license to drive the Pick-up as the driver of
the Pick-up was having the license to drive Light Motor Vehicles
only. He further submits that the Hon'ble Supreme Court in the
case of "M/s Bajaj Alliance General Insurance Company Ltd. v.
Rambha Devi & Ors." Civil Appeal No.841 of 2018 decided on
06.11.2024 has upheld the decision in the case of "Mukund
Dewangan vs. Oriental Insurance Company Ltd." 2017 14 SCC
663 and thus, the driver of the Pick-up which is registered as
Goods vehicle was not required to have transport vehicle license.
Relevant part of the aforesaid judgment is reproduced hereunder:-
".... 131. Our conclusions following the above
discussion are as under:-
(I) A driver holding a license for Light Motor Vehicle
(LMV) class, under Section 10(2)(d) for vehicles with
a gross Page 125 of 126 vehicle weight under 7,500
kg is permitted to operate a 'Transport Vehicle'
without needing additional authorization under
Section 10(2) (e) of the MV Act specifically for the
'Transport Vehicle' class. For licensing purposes,
LMVs and Transport Vehicles are not entirely
separate classes. An overlap exists between the two.
The special eligibility requirements will however
continue to apply for, inter alia, e-carts, e-
rickshaws, and vehicles carrying hazardous goods.
(II) The second part of Section 3(1), which
emphasizes the necessity of a specific requirement
to drive a 'Transport Vehicle,' does not supersede
the definition of LMV provided in Section 2(21) of
the MV Act.
(III) The additional eligibility criteria specified in the
MV Act and MV Rules generally for driving 'transport
[2025:RJ-JD:13537] (3 of 3) [CMA-1842/2017]
vehicles' would apply only to those intending to
operate vehicles with gross vehicle weight exceeding
7,500 kg i.e. 'medium goods vehicle', 'medium
passenger vehicle', 'heavy goods vehicle' and 'heavy
passenger vehicle'.
(IV) The decision in Mukund Dewangan (2017) is
upheld but for reasons as explained by us in this
judgment. In the absence of any obtrusive omission,
the decision is not per incuriam, even if certain
provisions of the MV Act and MV Rules were not
considered in the said judgment. ....."
3. Learned counsel for the respondent-Shri Ram General
Insurance Company Ltd. is unable to refute the submissions made
by learned counsel for the appellant-owner of the bus.
4. In view of the submissions made and taking into
consideration the judgment passed by the Hon'ble Supreme Court
in the case of Rambha Devi (supra) wherein the decision in the
case of Mukund Dewangan (supra) was upheld, the direction given
to the respondent- Shri Ram General Insurance Company Ltd. in
the impugned award dated 15.10.2016 (Annexure-4) to the extent
of pay and recover is quashed and set aside. All the non-
applicants are held jointly and severally liable to pay
compensation as awarded by the learned Tribunal along with the
interest (as awarded by the learned Tribunal), if not already
paid/deposited.
5. Accordingly, the instant misc. appeals are partly allowed in
the above terms.
(DR. NUPUR BHATI),J
248-amit/-
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