Raj HC | MACT Order awarding compensation of Rs 2,25,000 for the death of the son, upheld by the High Court

Rajasthan High Court: Sandeep Mehta, J. rejected an appeal filed by the National Insurance Company challenging the order passed by the Motor Accident Claims Tribunal, Jaitaran on 11-01-2008.

The claim application was filed by the claimants Amra Ram and Kamla, where they were awarded a compensation to the tune of Rs 2,25,000 for the death of their son Rajuram, who died in an accident on 07-12-2003 while he was driving his motorcycle driven and collided with a Utility Jeep which was insured with the appellant Insurance Company. The plea which was raised by the appellant was that the driver of the insured vehicle was having a licence authorizing him to drive a light motor vehicle only and as the jeep was a light commercial vehicle, the same was being used in contravention of the policy conditions and as such, the Insurance Company was wrongly held liable to satisfy the award.

The Court held that the claims raised by the Insurance Company in this appeal were not res-integra in view of the law laid down by the Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Company Ltd. (2017) 14 SCC 663 wherein, it has held that, “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 holder of a driving licence to drive a 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.” Therefore, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994. The Court finally rejected this appeal.[National Insurance Company Ltd. v. Amra Ram, 2019 SCC OnLine Raj 2810, decided on 09-09-2019]

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