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2015 DIGILAW 1188 (HP)

Sukhvinder Singh v. New India Assurance Ltd.

2015-08-28

MANSOOR AHMAD MIR

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JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the award, dated 30th April, 2011, passed by the Motor Accident Claims Tribunal(I), Mandi, (for short, the Tribunal), in Claim Petition No.59 of 2009, titled Savitri Sen and another vs. Sukhvinder Singh and others, whereby compensation to the tune of Rs.6,57,780/-, with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization, came to be awarded in favour of the claimants and the owner/insured was saddled with the liability, (for short the impugned award). 2. The insurer and the claimants have not questioned the impugned award on any count, thus the same has attained finality so far as it relates to them. 3. Feeling aggrieved, the owner/insured has questioned the impugned award on the ground that the Tribunal has fallen in error in discharging the insurer from the liability. Thus, the findings returned by the Tribunal viz-a-viz. Issue No.3 are in dispute. 4. Admittedly, the driver of the offending vehicle was having a valid and effective driving licence to drive a light motor vehicle. The vehicle involved in the accident was Mahindra Maxi Cab (Jeep), which falls within the definition of Light Motor Vehicle, in terms of Section 2(21) of the Motor Vehciles Act, 1988, (for short, the Act). 5. This Court, relying upon the decision of the Apex Court, has held in a series of cases that a vehicle the gross unladen weight of which is below 7,500 kilograms, falls under the definition of “light motor vehicle”. 6. Having said so, the findings returned by the Tribunal on issues No.3 and 4 are set aside and it is held that the driver of the offending vehicle was having a valid and effective driving licence to drive the offending vehicle and the owner has not committed any breach. 7. Accordingly, the insurer is held liable to satisfy the impugned award. The insurer is directed to deposit the award amount, alongwith interest as awarded by the Tribunal, within a period of six weeks from today and on deposit the same be released in favour of the claimants strictly in terms of the conditions contained in the impugned award. 8. It is informed that the appellant/owner has deposited Rs.25,000/- in the Registry of this Court. 8. It is informed that the appellant/owner has deposited Rs.25,000/- in the Registry of this Court. The said amount, alongwith interest accrued thereon till date, is awarded as costs in favour of the claimants. 9. The appeal is allowed and the impugned award stands modified, as indicated above.