Dismissed

The Oriental Insurance Co. Ltd. Gorakhpur v. Sada Nand Chaturvedi and Others

Allahabad HC7 May 2019FAFO/1329/2001

Case brief

AI extract

What is this about?

This court dismissed the appellant's appeal against an Motor Accident Claims Tribunal award. The court held that the appellant could not claim exoneration based on the driver's lack of transport endorsement, relying on the principle that a private license covers transport vehicles of the same class.

What did the court decide?

The appeal was dismissed; the impugned award was affirmed and the appellants were directed to deposit the decretal amount with the Tribunal.

The Oriental Insurance Co. Ltd. Gorakhpur Vs Sada Nand… — Insurance | Allahabad HC (2019)

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Court No. - 40

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Case :- FIRST APPEAL FROM ORDER No. - 1329 of 2001

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Appellant :- The Oriental Insurance Co. Ltd. Gorakhpur Respondent :- Sada Nand Chaturvedi And Others Counsel for Appellant :- Anand Kumar Sinha

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Hon'ble Harsh Kumar,J.

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The present first appeal from order has been filed against impugned award dated 8.5.2001 passed by Motor Accident Claims Tribunal, Gorakhpur (hereinafter referred to as 'Tribunal') in M.A.C.P. No.306 of 1992 (Sadanand Vs. Ram Singar and others) by which a sum of Rs.32,000/- was awarded as compensation to claimant-respondent.

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Only point raised in this appeal by Sri Anand Kumar Sinha, learned counsel for appellant-Insurance Company is that offending vehicle in question was registered as Taxi and its driver was holding a driving license for light motor vehicle (private) which was not endorsed for transport vehicle and the Insurance Company is entitled for exoneration from its liability and must have been given right to recover the amount of compensation from owner of the vehicle. No other point is raised or arises in the appeal.

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Since the above point has been settled by three Judges Bench of Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company, 2017 (14) SCC 663 , wherein it was held in reference with amendment to the Motor Vehicles Act that driver if holding valid driving license for driving light motor vehicle (private), he may not be considered to be disqualified for driving light motor vehicle (transport) of the same class of light motor vehicle even if his driving license is not endorsed for transport vehicle.

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In view of settled principles of law laid down in latest pronouncement by three Judges Bench of Apex Court, the point raised by appellant has no force. The appeal is devoid of merits and is liable to be dismissed.

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The appeal is dismissed, accordingly. The impugned award is affirmed.

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The appellant may deposit entire decreetal amount under the award within four weeks, after adjusting any amount deposited earlier and the amount so deposited will be payable to claimant-respondent as per impugned award.

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The amount of statutory deposit be sent to Tribunal forthwith.

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Let lower court record be sent back to court below along with a copy of this order for ascertaining necessary compliance.

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Order Date :- 7.5.2019 Kpy

The Oriental Insurance Co. Ltd. Gorakhpur v. Sada Nand Chaturvedi and Others

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co. Ltd. Gorakhpur v. Sada Nand Chaturvedi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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