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Judgment
This appeal is directed against judgment and award dated
07.07.2015 passed by Motor Accident Claims Tribunal (First),
Jodhpur (''the Tribunal''), whereby, the Insurance Company has
been exonerated from the liability to make payment of
compensation and a direction to pay & recover has been given.
It is submitted by learned counsel for the appellant that the
Tribunal came to the conclusion that as the vehicle in question was
a ''Light Transport Vehicle'' and the driver was in possession of
driving licence authorized to drive ''Light Motor Vehicle'' only, the
same was in violation of policy conditions and, consequently,
exonerated the Insurance Company.
It is submitted that the said aspect is squarely covered by
the judgment of Hon''ble Supreme Court in Mukund Dewangan v.
Oriental Insurance Company Limited & Ors. : C.A. 5826/2011
decided on 03.07.2017 and, therefore, the appeal deserves to be
allowed.
Learned counsel for the respondent Insurance Company is
not in a position to dispute the fact that the issue is covered by
judgment of Hon''ble Supreme Court in the case of Mukund
Dewangan (supra).
In view of the above, the appeal filed by the appellant-
owner is allowed. The award dated 07.07.2015 is modified to the
extent that alongwith owner and driver, the respondent No.1 -
Insurance Company would be jointly and severally liable for
payment of compensation and the direction ''to pay & recover'' is
set aside.