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2017 DIGILAW 2274 (RAJ)

New India Assurance Company Ltd. v. Babulal S/o Nathu Prajapat

2017-10-30

ARUN BHANSALI

body2017
ORDER : ARUN BHANSALI, J. This appeal is directed against the judgment and award dated 01.05.2017 passed by the Motor Accident Claims Tribunal, Rajsamand (‘the Tribunal’), whereby the Tribunal has awarded a sum of Rs. 1,81,470/- along with interst @ 9% per annum from the date of application i.e 05.12.2014 for the injuries suffered by the claimant-respondent. 2. Application for compensation was filed by the claimant, inter alia, with the averments that on 18.06.2014 at about 9 pm, the claimant was riding on motor cycle, when the offending pick-up jeep being driven rashly and negligently by its driver collided with the said motor cycle, resulting in, the respondent-claimant suffering grievous injuries and consequent permanent disablement. On the said averments, a compensation to the tune of Rs. 4,29,000/- was claimed. 3. The application was resisted by the appellant-Insurance Company, inter alia, with the averments that the driver of the pick-up jeep was not in possession of requisite driving licence to drive the vehicle in question as the said vehicle was a ‘light transport vehicle’ and the driver was in possession of driving licence authorized him to drive ‘light motor vehicle’ only and, therefore, for violation of policy conditions, the Insurance Company was not liable. On account of delay in lodging the FIR, the involvement of vehicle was also denied. 4. The Tribunal framed five issues and after the evidence was led by the parties, came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the pick-up jeep, the claimant had suffered permanent disablement and that as the vehicle in question was a ‘light motor vehicle’, the licence held by the driver was sufficient and awarded a sum of Rs. 1,81,470/- as compensation. 5. It is submitted by learned counsel for the appellant that the Tribunal committed error in holding the appellant liable for compensation though admittedly the vehicle involved was a ‘light transport vehicle’ and the driver was in possession of driving licence authorizing him to drive ‘light motor vehicle’ only. Further submissions were made that the FIR was lodged by uncle of the injured after 6 days and no explanation is forthcoming either for the delay or regarding the fact why the claimant himself could not lodge the FIR and as such the involvement of the insured vehicle is doubtful and, therefore, the award impugned deserves to be quashed and set aside. 6. I have considered the submissions made by learned counsel for the appellant and have perused the material available on record. 7. So far as the involvement of vehicle is concerned, the Tribunal under the issue No. 1 has thoroughly considered the said aspect and based on the oral and documentary evidence, came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the insured vehicle. 8. Learned counsel for the appellant failed to point out the perversity in the said finding recorded by the Tribunal. The mere fact that the FIR was lodged after 6 days by uncle of the injured by itself cannot be a reason to doubt the veracity of the allegations pertaining to involvement of the vehicle. Looking to the nature of injuries suffered by the claimant, it was but obvious that the claimant could not go to the police station himself to lodge the FIR. 9. In view thereof, the submissions made in this regard cannot be countenanced and the finding recorded by the Tribunal cannot be faulted. 10. So far as the issue raised pertaining to the driving licence of the driver is concerned, the said issue is no more res-integra as Hon'ble Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Company Limited: C.A 5826/2011 decided on 03.07.2017, has laid down that the driver in possession of driving licence authorized to drive ‘light motor vehicle’ is authorized to drive ‘light transport vehicle’ as well. 11. In view thereof, the submissions made in this regard also have no substance. 12. In view of the above discussion, there is no substance in the appeal, the same is, therefore, dismissed.