Dalla Ram vs Jagdish Das And Ors. ...
2026 Latest Caselaw 4802 Raj

Rajasthan High Court - Jodhpur

Dalla Ram vs Jagdish Das And Ors. ... on 28 March, 2026

[2026:RJ-JD:14616]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Misc. Appeal No. 1824/2012

Jagdish Das
                                                                     ----Appellant
                                      Versus
Dalla Ram And Ors.
                                                                   ----Respondent
                                Connected With
                 S.B. Civil Misc. Appeal No. 1343/2012
Dalla Ram
                                                                     ----Appellant
                                      Versus
Jagdish Das And Ors.
                                                                   ----Respondent


For Appellant(s)            :     Mr. Manish Rajpurohit.
For Respondent(s)           :     Mr. Vishal Singhal.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

28/03/2026

In S.B. Civil Misc. Appeal No. 1824/2012:-

1. Learned counsel for the parties stated at the Bar that the

appeal may be allowed, as the respondent-Insurance Company

has agreed to enhancement of the award by a lump sum amount

of Rs. 1,25,000/- over and above the amount awarded by the

learned Tribunal. In view thereof, instant appeal filed by the

claimant, deserves to be allowed.

2. Accordingly, the instant appeal is allowed. The respondent-

Insurance Company is directed to deposit the enhanced amount of

Rs. 1,25,000/- (lump sum) within a period of eight (08) weeks

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[2026:RJ-JD:14616] (2 of 2) [CMA-1824/2012]

from today. In the event the aforesaid amount is not deposited

within the stipulated period, the Insurance Company shall be liable

to pay interest @ 7% per annum from today till the date of actual

payment to the claimant-appellant.

3. Pending applications, if any, also stand disposed of.

In S.B. Civil Misc. Appeal No. 1343/2012 :-

1. Learned counsel for the parties are ad idem that the

controversy involved in the connected appeal is squarely covered

by the judgment of the Hon'ble Supreme Court in Mukund

Devangan v. Oriental Insurance Co. Ltd. , (2017) 14 SCC

66, wherein it has been held that a holder of a valid Light Motor

Vehicle (LMV) licence is competent to drive a transport vehicle of

such class not exceeding 7500 kg and no separate endorsement is

required. Thus, no breach of policy conditions can be said to have

been committed and the liability of the Insurance Company cannot

be avoided.

2. In view of the above, the present appeal filed by the

owner/driver, is also disposed of in terms of the aforesaid

judgment.

3. It is further recorded that learned counsel for the Insurance

Company has fairly submitted that the Insurance Company shall

not initiate any recovery proceedings against the owner/driver,

namely Dalla Ram.

4. Pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 171 and 173-Jitender

(Uploaded on 28/03/2026 at 04:32:09 PM)

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