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RAJASTHAN HIGH COURT
Vinit Kumar Mathur, J.
Oriental Insurance Company - Appellant
Versus
Purkha Ram & Ors. - Respondents
Civil Miscellaneous Appeal No. 2086 of 2016
Decided On : 01-10-2021
INSURANCE - MOTOR ACCIDENT CLAIMS - The court upheld the award of compensation to the claimant for injuries sustained in an accident, emphasizing that the driver's lack of a specific endorsement on their license to drive a transport vehicle does not invalidate the claim if the vehicle's weight is under 7500kg, as established in Mukund Dewangan v. Oriental Insurance Company Limited.
Fact of the Case:
The appeal was filed by the Insurance company against the Motor Accident Claims Tribunal's award of Rs.3,58,639/- to the claimant, Purkha Ram, for injuries sustained in an accident on 12.01.2014.
Finding of the Court:
The court found that the Insurance company's appeal lacked merit, particularly regarding the issue of the driver's license, which was addressed in the precedent set by the Supreme Court.
Issues: Whether the absence of a specific endorsement on the driver's license to operate a transport vehicle disqualifies the claimant from receiving compensation under the insurance policy.
Ratio Decidendi: The court relied on the Supreme Court's ruling in Mukund Dewangan, which clarified that for vehicles weighing less than 7500kg, the driver's licensing requirements do not affect the validity of the claim.
Result: The appeal was dismissed, affirming the Tribunal's award in favor of the claimant.
JUDGMENT
Vinit Kumar Mathur, J. - The present appeal has been filed by the appellant-Insurance company against judgment and award dated 18.04.2016 passed by learned Motor Accident Claims Tribunal, Barmer in M.A.C.T. Case No.638/2015, whereby, the learned Tribunal after framing the issues, evaluating the evidence on record and hearing the learned counsel for the parties decided the claim petition of the respondent-claimant and awarded a sum of Rs.3,58,639/- in favour of the claimant on account of the injuries suffered by Purkha Ram in the accident which occurred on 12.01.2014.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the appellant submits that the only ground raised in the appeal preferred by the Insurance Company is against the finding of Tribunal on Issue No.3. He fairly submits that issue raised in the present appeal does not survive in the light of the judgment of Hon’ble the Supreme Court in the case of Mukund Dewangan V/s Oriental Insurance Company Limited reported in (2017) 14 SCC 663, wherein it was held that if the vehicle is weighing less than 7500kg., whether the driver of the said vehicle was holding the requisite licence to drive the transport vehicle or not, is of no consequences. If a driver is holding a driving licence to drive Light Motor Vehicle and there is no endorsement to the effect to drive the transport vehicle, will not dis-entitle the claimant and it will not be a ground to deny the claim of the claimants by the Insurance Company.
4. The appeal being bereft of merit, is hereby dismissed in view of the judgment of the Hon’ble Supreme Court in the case of Mukund Dewangan (supra).
AI
A driver of a vehicle weighing less than 7500kg is not disqualified from making a claim for compensation based on the absence of a specific endorsement on their driving license for transport vehicles....
The court clarified that a light motor vehicle license includes certain transport vehicles, and future prospects for compensation must align with established legal ratios.
The liability of an insurance company to compensate for an accident is not negated by the driver's lack of a specific endorsement on their license if the vehicle involved weighs less than 7500kg.
A driver holding a light motor vehicle license is eligible to operate a transport vehicle weighing less than 7500 kg, which establishes the insurance company's liability for compensation in motor acc....
A driver with a light motor vehicle license can operate transport vehicles under 7500 kgs without needing separate endorsement.
The central legal point established in the judgment is that the license to drive a light motor vehicle includes the license to drive a transport vehicle, based on the interpretation of the Motor Vehi....
Motor Accident - Liability of Insurance Company - Validity of driving licence - Driving light goods vehicle on valid licence of light motor vehicle, whether same is breach of conditions of insurance ....
The court clarified that licensing requirements under the Motor Vehicles Act are dependent on the vehicle's weight, affecting liability in compensation claims.
The main legal point established was that the driver having a valid license to drive the tractor was crucial in determining the liability of the Insurance Company.
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