A driver with a light motor vehicle license can operate a transport vehicle under 7500 kg, and future prospects for compensation should be calculated at 25% for self-employed individuals.

ORDER :

Rekha Borana, J.

1. The present appeal has been preferred against the judgment and award dated 22.02.2017 passed by Motor Accident Claims Tribunal, Bheenmal, District Jalore in MAC Case No.87/2011 (99/2014) whereby the learned Tribunal partly allowed the claim petition and exonerated respondent No.2 Insurance Company from its liability.

The learned Tribunal, vide impugned judgment/award dated 22.02.2017 awarded a sum of Rs.10,06,200/- in favour of the claimants alongwith interest @ 7% per annum from the date of filing of claim petition i.e. 06.09.2011.

2. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 27.05.2011, Mohd. Khan was travelling towards Bheenmal in his loading tempo bearing registration No.RJ-24-GA-0680. Upon reaching near Mudtara-Abantri Fanta, a transport vehicle/Pickup bearing registration No.RJ-30-GA-1660, owned by respondent No. 1, approached from behind which being driven rashly and negligently, caused a collision resulting in the fatality of Mohd. Khan due to sustained injuries. FIR No.73/2011 pertaining to this incident was lodged at Police Station Modra.

The offending vehicle, on the date of accident, was insured with respondent No.2 – Insurance Company.

3. The appellants-claimants are dependants of deceased Mohd. Khan. The claimants claimed compensation to the tune of Rs.50,40,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on the record and after hearing the counsel for the parties, while assessing the monthly income of the deceased to be Rs.5,000/-, awarded total compensation of Rs.10,06,200/- in favour of the claimants-appellants, the break-up of which is as under:

Learned Tribunal also awarded interest @ 7% per annum from the date of filing of the claim petition.

4. Learned counsel for the appellants submitted that the learned Tribunal erroneously exonerated the Insurance Company from the liability to pay the compensation on the premise that the driver of the vehicle in question was holding the license for a light motor vehicle whereas he was driving a transport vehicle and hence, the same was a breach of the policy condition.

5. Learned counsel submitted that as settled by the Hon’ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Ltd.; (2017) 14 SCC 663 and affirmed by larger Bench of the Hon’ble Apex Court in M/s Bajaj Alliance General Insurance Co. Ltd. Vs. Rambha Devi & Ors.; 2024 INSC 840 a person holding a license for light motor vehicle is also entitled to drive a transport vehicle weighing not more than 7,500 kilograms.

6. Learned counsel, on quantum of compensation, submitted that the learned Tribunal committed a significant error in its adjudication by providing insufficient compensation qua the conventional heads.

7. No other grounds have been raised by the counsel for the appellants-claimants.

8. Per contra learned counsel for respondents submitted that the learned Tribunal erroneously considered the future prospects of the deceased @30% whereas same ought to be considered @25% as per the income and age of the deceased.

9. So far as the ratio laid down in Mukund Dewangan’s case (supra) is concerned, learned counsel is not in a position to refute the same.

10. Heard the counsels and perused the material available on record.

11. So far as the exoneration of the respondent Insurance Company by the learned Tribunal is concerned, the same deserves interference in light of the law settled in Mukund Dewangan’s case (supra) and further affirme