[2026:RJ-JD:4823]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1062/2018 1. Smt. Khamani W/o Ghisa Ram, 2. Ganesh S/o Ghisa Ram, 3. Kumari Sita D/o Ghisa Ram, 4. Shambhu Lal S/o Ghisa Ram, 5. Usha D/o Ghisa Ram, 6. Gehari Lal S/o Ghisa Ram, Appellants No. 3 To 6 Are Minor Through Mother Khamani. All B/c Gameti, R/o Kalodar, Tehsil Kumbhalgarh, District Rajsamand.

----Appellants Versus

1. Vinod Paliwal S/o Gopi Lal Joshi, R/o Near Mahadeo Temple, Kuncholi, Post Bagol, Tehsil Nathdwara, District Rajsamand.

2. Manager, Shri Ram General Insurance Company, Office E-

8-E.p.i.p. Riico Industrial Area, Sitapura, Jaipur.

----Respondents For Appellant(s) : Mr. Nikhil Ajmera For Respondent(s) : Mr. Vishal Singhal HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

21/01/2026

1. The present Civil Misc. Appeal has been filed against the judgment/award dated 26.10.2017 passed by learned Commissioner, Workmen Compensation Tribunal, (Jurisdiction Rajsamand), Bhilwara (“learned Tribunal”), in Case No. W.C. 184/2015, whereby appellants-claimants were held entitled for payment of compensation to the tune of Rs.4,87,613/- and liability to pay was fastened upon respondent no.1 with interest @12% per annum from the accident i.e., 02.07.2013.

2. The facts giving rise to the present appeal, in a nutshell are that on 02.07.2013, at about 4:00 pm., the deceased, namely, Mr. Ghisa Ram, aged 33 years was driving a tractor bearing registration no. RJ-30-RA-0100, being in employment of Respondent no. 1 as a driver. During the course of employment, the said vehicle lost control and fell into a pond, which resulted in the death of Mr. Ghisa Ram. The said vehicle was insured by the respondent-insurer.

3. A claim petition was filed by legal representatives of the deceased before the Tribunal claiming a just and fair compensation. It was submitted that deceased was working as a driver, earning Rs.5000/- per month.

4. On the basis of pleadings of the parties, Tribunal framed 4 issues for determination. With regard to issues no. 1 and 2, Tribunal examined various evidence on record and held that deceased Mr. Ghisa Ram was indeed working as a driver and the said accident took place during the course of employment and took deceased’s monthly income to the tune of Rs.4,836/- as per the minimum wages notification.

5. With regard to issues no. 3 and 4, the liability to pay compensation, was fastened upon the employer on the ground that accident took place during the course of employment, yet insurance company was absolved on the ground that deceased Mr. Ghisa Ram possessed a license only to drive a Light Motor Vehicle (“LMV”), whereas the vehicle in question was a transport vehicle, which resulted in the violation of the terms and conditions of the policy.

6. Learned Tribunal vide its order dated 26.10.2017, awarded compensation to appellants claimants amounting to Rs.4,87,613/- and the liability to pay, was fastened upon the respondent employer along with interest @12% per annum from date of accident.

7. The present appeal is filed against the said judgment/award passed by learned Tribunal on the ground that Tribunal erred in exonerating the respondent-insurer from the liability to pay the said compensation. The quantum of compensation is not challenged herein.

8. Learned counsel appearing for appellants submits that Tribunal wrongly exonerated the respondent insurer from its liability to pay compensation. It is contended that once the driver was holding a valid driving licence to drive an LMV, no separate or additional endorsement was required for driving a transport vehicle. Therefore, he submits, that there is no violation of the insurance policy and hence, the finding of learned Tribunal regarding issue no.4 is contrary to the law laid down in Mukund Dewangan v. Oriental Insurance Company Limited (2017)

14 SCC 663.

9. Per contra, learned counsel representing the respondent- insurer, submits that there was a breach of the conditions of insurance policy