Madhya Pradesh High Court
National Insurance Co. Ltd. Through Its ... vs Arjun on 24 April, 2019
1 MA-1103-2019
The High Court Of Madhya Pradesh
MA-1103-2019
(NATIONAL INSURANCE CO. LTD. THROUGH ITS MANAGER INCHARGE LEGAL HUB Vs ARJUN) Indore, Dated : 24-04-2019 Shri Manoj Jain, learned counsel for the National Insurance Company Ltd.
This appeal under section 173(1) of the Motor Vehicles Act, 1988 has been preferred by the insurance company against award dated 17.07.2018 in claim case No. 243/2015 passed by Additional Member, Motor Accident Claims Tribunal, Sardarpur, District Dhar (M.P.) The Claims Tribunal has awarded Rupees 78,700/- to the injured person while he was dashed by the offending vehicle, motor cycle Chassis No. MBLHA11EWD9K45597 driven by the insured.
The sole contention advanced in this appeal is to the effect that as the rider of the motor cycle had licence of Light Motor Vehicle and not for the motor cycle, therefore, the risk was not covered under the insurance policy.
The Tribunal has dealt with the aforesaid contention in paragraph 19 of the award and has found the argument devoid of substance as it is not a case of no licence. In fact, rider of the motor cycle had licence to drive the vehicle and it shall not make any difference if he had Light Motor Vehicle licence or two wheeler licence, the insurance company has been held liable to pay compensation.
This Court is of the view that the Tribunal has applied correct principle of law [this Court reported in 2009 (1) ACCD 290 (MP) Shakuntala Jain (Smt.) Vs. Vinod and others and Hon'ble Supreme Court reported in 2017 ACJ 2011 Mukund Dewangan Vs. Oriental Insurance Co. Ltd., referred to ]. Hence, no interference is warranted in this appeal. Even otherwise looking to the awarded amount of Rupees 78,700/-, no case is made out for interference.
Appeal sans merit and is hereby dismissed.
(ROHIT ARYA) JUDGE Digitally signed by Ajit Kamalasanan Date: 26/04/2019 17:11:58 2 MA-1103-2019 ajit Digitally signed by Ajit Kamalasanan Date: 26/04/2019 17:11:58