Partly allowed

Gyarsi Lal and Ors. v. Magan Singh and Ros

Rajasthan HC25 Apr 2023CMA/3587/2008

Case brief

AI extract

What is this about?

In S.B. Civil Miscellaneous Appeals, the High Court modified the Tribunal's judgment that exonerated the insurance company. Relying on Mukund Dewangan, the court held that a light motor vehicle license permits driving a light transport vehicle, holding the insurer liable to pay the awarded compensation.

What did the court decide?

The Tribunal's judgment is modified; the insurance company is held liable to pay the compensation as awarded by the Tribunal.

Gyarsi Lal and Ors. Vs Magan Singh and Ros — Insurance | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 4613/2008

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Magan Singh S/o Shri Ladu Singh, Aged about 52 years, R/o Dhani Bahadur Singh Ki, Post Bhudoli, Tehsil Neemkathana, District Sikar (Raj.)

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---Claimant-Appellant

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Versus

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Gyarsi Lal S/o Shri Birbal R/o Village Khora, Tehsil Neemkathana, District Sikar (Raj.) R/o Bhagega, Tehsil Neemkathana, District Sikar (Raj.)

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(Driver) of Vehicle (Pick Up) No.RJ-23-G-1910)

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Deep Singh s/o of Shri Mohan Singh R/o Bhagega, Tehsil Neemkathana, District Sikar (Raj.)

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(Owner of Vehicle (Pick Up) No.RJ-23-G-1910)

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The Oriental Insurance Company Ltd. A-55, Pagaria Chambers, Sardar Patel Marg, Chomu House Circle, Jaipur (Raj.) through its Divisional Manager.

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(Insurer of Vehicle (Pick Up) No.RJ-23-G-1910)

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---Non-Claimants/Respondents

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Connected With

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S.B. Civil Miscellaneous Appeal No. 3587/2008

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Gyarsi Lal S/o Shri Birbal R/o Village Khora, Tehsil Neemkathana, District Sikar (Raj.)

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Deep Singh s/o of Shri Mohan Singh R/o Bhagega, Tehsil Neemkathana, District Sikar (Raj.)

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----Appellants

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Versus

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Magan Singh S/o Shri Ladu Singh, Aged about 52 years, R/o Dhani Bahadur Singh Ki, Post Bhudoli, Tehsil Neemkathana, District Sikar (Raj.)

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The Oriental Insurance Company Ltd. A-55, Paghariya Bhawan Chambers, Sardar Patel Marg, M. I. Road, Jaipur (Raj.)

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----Non-Claimant-Respondent

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[CMA-4613/2008]

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		(2 of 4) [CMA-4613/200
For Appellant(s)	:	Mr. Ajay Gupta, Adv. in S.B. Civil Miscellaneous Appeal No. 4613/2008 Mr. Sanjay Rahar, Adv. in S.B. Civil Miscellaneous Appeal No. 3587/2008
For Respondent(s)	:	Mr. Amarnath Pareek, Adv. on behalf of respondent No.3-Insurance Company in S.B. Civil Miscellaneous Appeal No. 4613/2008 & respondent No.2-Insurance Company in S.B. Civil Miscellaneous Appeal No. 3587/2008 Mr. Ajay Gupta, Adv. in S.B. Civil Miscellaneous Appeal No. 3587/2008 Mr. Sanjay Rahar, Adv. in S.B. Civil Miscellaneous Appeal No.4613/2008

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

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ORDER RESERVED ON	::	24/04/2023
ORDER PRONOUNCED ON	::	25 /04/2023

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The aforesaid instant appeals have arisen from the judgment and award dated 04.04.2008 passed by the Motor Accident Claims Tribunal, Neemkathana, District Sikar (for short ‘the Tribunal’) in Claim Case No.324/2005, titled as “Magan Singh Vs. Gyarsi Lal & Ors.”, whereby the Tribunal while deciding the claim petition exonerated the insurance company and passed an award a sum of Rs.1,00,603/- along with simple interest 6% per annum.

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CMA No.4613/2008 has been filed by the claimant-appellant (For short ‘the claimant’) for enhancement of compensation whereas claim petition No.3587/2008 has been filed by the Gyarsi Lal (Driver of Vehicle) and Deep Singh (Owner of Vehicle) (for short ‘non-claimants’) against the judgment & award dated 04.04.2008 passed by the Tribunal.

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[CMA-4613/2008]

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(3 of 4)

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Learned counsel for both the claimant and non-claimants submit that the Tribunal while deciding the claim petition wrongly exonerated the Insurance Company and decided issue No.3 against the non-claimants. They further submit that Gyarsi Lal, who was driver of the vehicle was having a license of light motor vehicle. As per the judgment passed by the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited report in (2017) 14 SCC 663, a person who is having a license to drive light motor vehicle, can also drive light transport vehicle. So, finding given by the Tribunal exonerating the insurance company may be set-aside and insurance company may be held liable to pay compensation awarded by the Tribunal.

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Learned counsel for the insurance company submits that as per the judgment of Mukund Dewangan (Supra) , a person who is having a license for driving light motor vehicle, is also entitled to drive light transport vehicle. So, judgment of the Tribunal may be modified.

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I have considered the arguments advanced by learned counsel for the claimant, learned counsel for the non-claimants as well as learned counsel for the insurance company.

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The Hon’ble Apex Court while deciding the case of M ukund Dewangan(Supra) clearly mentioned that a person, who is having a license to drive light motor vehicle, is also entitled to drive light transport vehicle. So, in my considered opinion, the Tribunal wrongly exonerated the insurance company while deciding the issue No.3. So, finding given by the Tribunal regarding issue No.3 is set-aside and insurance company is held

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(4 of 4)

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[CMA-4613/2008]

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liable to pay the compensation as per the award passed by the Tribunal.

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Impugned judgment stands modified accordingly. However, rest part of the impugned judgment shall remain the same.

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Both the appeals stand disposed of accordingly.

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Pending application/s, if any, also stand/s, disposed of.

¶40

(NARENDRA SINGH DHADDHA),J

¶41

Gourav/70-71

Gyarsi Lal and Ors. v. Magan Singh and Ros

Case brief

What is this about?

What did the court decide?

Gyarsi Lal and Ors. v. Magan Singh and Ros

Case brief

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What did the court decide?

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