Rajasthan High Court - Jaipur
Branch Manager N I C Jhalawar vs Brijesh Kumar & Ors on 1 November, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL MISC. APPEAL NO.1515/2003 National Insurance Company Ltd. vs. Brijesh Kumar & Ors. Date of order : 1/11/2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri S.R. Joshi for the appellant. ******
The ground on which the award of the Motor Accident Claims Tribunal has been assailed is that the jeep in the present case was a public vehicle and that there was no endorsement on the driving licence of the driver that he would drive the public vehicle.
Shri S.R. Joshi, learned counsel for the appellant in support of his arguments cited the judgement of Himachal Pradesh High Court in New India Assurance Co. Ltd. vs. Suraj Prakash & Ors.-2001 ACJ 85. In the aforesaid case the Himachal High Court was dealing with a case where a Van was registered as taxi and it was held to be a public service vehicle and that vehicle met with an accident injuring a motor cyclist. The driver had licence to drive the scooter, motor cycle, car, jeep and light motor vehicle only, but no endorsement to drive the public service vehicle. In the present case as per the finding recorded by the Tribunal based on the evidence, the jeep was registered as a passenger vehicle and the driver had the licence to drive light motor vehicle.
Another argument that has been made by learned counsel for the appellant insurance company is that the Tribunal solely held the appellant insurance company liable to make payment of the compensation whereas Tribunal should have held the appellant insurance company as well as owner jointly and severally liable for payment.
That argument is accepted, while the argument that driver had no valid licence to drive the jeep is rejected. It is therefore directed that appellant insurance company and the owner respondent no.3 shall be jointly and severally liable to pay the compensation.
In the result, this appeal is partly allowed.
(MOHAMMAD RAFIQ), J.
RS/-