Owner appealed MACT awards holding him liable to reimburse the insurer. Relying on Mukund Dewangan and its affirmation by the Constitution Bench, the Court condoned inordinate delay and allowed the appeals, setting aside Issue No.3 and holding the insurer cannot recover the award amount from the owner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2390/2019
Jagdish Singh S/o Shri Hukam Singh, Aged About 48 Years, R/o Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3 Wheeler Taxi, Rj-04-Pa-0270)
----Appellant
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 2455/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3 Wheeler Taxi, Rj-04-Pa-0270)
----Appellant
Versus
(2 of 6)
[2024:RJ-JD:49746]
[CMA-2390/2019]
----Respondents
S.B. Civil Misc. Appeal No. 2456/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3 Wheeler Taxi, Rj-04-Pa-0270)
----Appellant
Versus
----Respondents
S.B. Civil Misc. Appeal No. 2457/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3
(3 of 6)
[2024:RJ-JD:49746]
[CMA-2390/2019]
Wheeler Taxi, Rj-04-Pa-0270)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Satya Prakash Sharma For Respondent(s) : Mr. Aditya Singhvi
HON'BLE MS. JUSTICE REKHA BORANA
Order
05/12/2024
[2024:RJ-JD:49746]
[CMA-2390/2019]
(4 of 6)
by the Hon’ble Apex Court in Mukund Dewangan Vs. Oriental Insurance Company Limited; (2017) 14 SCC 663 and further affirmed by the Constitution Bench in M/s Bajaj Alliance General Insurance Co. Ltd. Vs. Rambha Devi & Ors.; 2024 INSC 840 .
In Mukund Dewangan' s case (supra) the Hon'ble Apex Court held as under:
"(i) " Light motor vehicle" as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Section 2(15) and 2 (48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54 of 1994. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 Kg would be a light motor vehicle and also motor car or tractor or a roadroller, "unladen weight" of which does not exceed 7500 kg and holder of a driving licence to drive class of "light motor vehicle" as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg or a motor car or tractor or roadroller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-03-2001 in the form.''
(5 of 6)
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[CMA-2390/2019]
(6 of 6)
[2024:RJ-JD:49746]
[CMA-2390/2019]
(REKHA BORANA),J
295-297--Devanshi/-
2 issues framed by the court
Whether a holder of a licence to drive a light motor vehicle is competent to drive a transport vehicle under 7500 kg without separate endorsement.
Whether the Tribunal's finding on Issue No.3 in favour of the Insurance Company was wrong and whether delay in filing the appeals should be condoned.
Colour shows how this judgement treated each authority
Mukund Dewangan Vs. Oriental Insurance Company LimitedApplied¶3
(2017) 14 SCC 663 · Who else cites this
M/s Bajaj Alliance General Insurance Co. Ltd. Vs. Rambha Devi & Ors.Relied on¶3
2024 INSC 840 · Who else cites this
1 provisions across 1 enactments
Jagdish Singh
Samandar Kanwar
Rewat Singh
Moti Singh
Heer Singh
Oriental Insurance Company Limited
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
