Laxmanram S/o Shri Pukharam v. Faulal S/o Shri Mohanlal
2017-11-01
ARUN BHANSALI
body2017
DigiLaw.ai
JUDGMENT : ARUN BHANSALI, J. This appeal is directed against judgment and award dated 12.07.2013 passed by Motor Accident Claims Tribunal, Sojat, District - Pali (‘the Tribunal’), whereby, the Insurance Company has been exonerated from the liability to make payment of compensation. 2. It is submitted by learned counsel for the appellant that the Tribunal came to the conclusion that as the vehicle in question was a light transport vehicle and the driver was in possession of driving licence authorized to drive light motor vehicle only, the same was in violation of policy conditions and, consequently, exonerated the Insurance Company. 3. It is submitted that the said aspect is squarely covered by the judgment of Hon'ble Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited: C.A 5826/2011 decided on 03.07.2017 and, therefore, the appeal deserves to be allowed. 4. Learned counsel for the respondent Insurance Company is not in a position to dispute the fact that the issue is covered by judgment of Hon'ble Supreme Court in the case of Mukund Dewangan (supra). 5. In view of the above, the appeal filed by the appellant-owner is allowed. The award dated 12.07.2013 is modified to the extent that finding on issue No. 2 pertaining to the liability of the Insurance Company is reversed, it is held that along with respondent No. 1 - owner/driver, the respondent No. 2 - Insurance Company would be jointly and severally liable for payment of compensation. 6. The appellant - owner would be entitled to be refunded/recover any amount, which has been paid/deposited by the appellant under the award and/or under Proviso to Section 173(1) of the Motor Vehicle Act, 1988, from the Insurance Company. 7. The requisite payments to the claimant as per the award and/or the owner be made by the Insurance Company within a period of six weeks from the date of this judgment.