Dismissed

Kedar Meena S/O Shri Korya Meena v. Smt. Hemlata Mathur W/O Late Shri Avtar Deepak @ Avtar Narayan

Rajasthan HC11 Feb 2020CW/2462/2020

Case brief

AI extract

What is this about?

A High Court bench dismissed this writ petition challenging a Tribunal order refusing to take the petitioner's driving licence on record. The court held no illegality occurred as the licence was for a Central Government vehicle, while the current accident involved a private vehicle for which the petitioner lacked a valid licence.

What did the court decide?

The writ petition stands dismissed as the Tribunal did not commit illegality.

Kedar Meena S/O Shri Korya Meena Vs Smt. Hemlata… — Motor Accident Claims | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2462/2020

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Kedar Meena S/o Shri Korya Meena, Aged About 57 Years, R/o 132, Bharat Vihar, Inside Poultry Farm, Agra Road, Jaipur (Driver Of Tata Mini Truck 407 No. Rj29-G-0506)

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Pappu Ram Sharma S/o Shri Narayan Lal Sharma, R/o Narwali Ka Badh, Tiba Wali Dhani, Hathoz, Tehsil Jhotwara, Jaipur At Present R/o Opp. T.v.s. Showroom, Kanta, Jhotwara, Jaipur (Owner Of Tata Mini Truck 407 No. Rj29-G-0506)

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----Petitioners

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Versus

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Smt. Hemlata Mathur W/o Late Shri Avtar Deepak @ Avtar Narayan, By Caste Kayasth, R/o 1/205, Agarwal Farm, Mansarovar, Jaipur (Raj.)

¶8

Kumari Dipti Mathur D/o Late Shri Avtar Deepak @ Avtar Narayan, By Caste Kayasth, R/o 1/205, Agarwal Farm, Mansarovar, Jaipur (Raj.)

¶9

Prashant Mathur S/o Late Shri Avtar Deepak @ Avtar Narayan, By Caste Kayasth, R/o 1/205, Agarwal Farm, Mansarovar, Jaipur (Raj.)

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The New India Assurance Company Ltd, Through Divisional Mangar, Divisional Office-I, First Floor, Anand Bhawan, Sansar Chandra Road, Jaipur-302001 (Insurer)

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Pappu Ram Sharma C/o Maliram Yadav, R/o Opp. T.v.s. Showroom, Kanta, Jhotwara, Jaipur.

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----Respondents

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For Petitioner(s)	: Mr. K. Sharma	for Mr. D.K. Bhardwaj.
For Respondent(s)	:

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HON'BLE MR. JUSTICE INDERJEET SINGH

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Order

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11/02/2020

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This writ petition has been filed by the petitioners challenging the order dated 21.09.2019 passed by the Tribunal

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(2 of 2)

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[CW-2462/2020]

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whereby the application submitted by the petitioner No.1 for taking his driving licence on record was dismissed.

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Counsel for the petitioners submitted that the Tribunal has committed serious illegality in dismissing the application filed by the petitioner No.1 as he was having valid driving licence to drive the vehicle in question. Counsel further submits that earlier the petitioner no.1 was in the service of armed forces where the petitioner was working on the post of driver.

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Heard counsel for the petitioner and perused the record.

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This writ petition filed by the petitioner deserves to be dismissed for the reason that the Tribunal has not committed illegality in not taking on record the driving licence of the petitioner No.1 considering the provisions of Motor Vehicles Act, 1988 and the petitioner was earlier issued the driving licence to drive the vehicle which belongs to the Central Government whereas, admittedly, the vehicle involved in the accident does not belong to the Central Government and at the time of alleged accident the petitioner no.1 was driving the private vehicle for which he was not having valid driving licence as per the provisions of Motor Vehicles Act, 1988.

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In that view of the matter, this writ petition stands dismissed.

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(INDERJEET SINGH),J

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MG/134

Kedar Meena S/O Shri Korya Meena v. Smt. Hemlata Mathur W/O Late Shri Avtar Deepak @ Avtar Narayan

Case brief

What is this about?

What did the court decide?

Kedar Meena S/O Shri Korya Meena v. Smt. Hemlata Mathur W/O Late Shri Avtar Deepak @ Avtar Narayan

Case brief

What is this about?

What did the court decide?

What the court decided

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