Rajasthan High Court - Jodhpur
Shanker Lal & Anr vs United India Insurance Co. Ltd. & Anr on 11 May, 2018
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. CIVIL MISC. APPEAL NO. 1201 / 2012.
1. Shanker Lal S/o Gopilal, B/c Jat, aged about 42 years, R/o Bholi Thana Sadar, Bhilwara.
2. Suva Lal S/o Gopilal, B/c Jat, aged about 47 years, R/o Bholi Thana Sadar, Bhilwara. ----Appellants/Owner & Driver Versus
1. United India Insurance Co. Ltd. through Divisional Manager, Division Office, United India Insurance Company Ltd., Bhilwara. (Insurer)
2. Miss Pinki D/o Bheru Lal, B/c Khtik, R/o Badliyas, Thana Bigod, District Bhilwara. (Claimant)
----Respondent _____________________________________________________ For Appellant(s) : Mr. Sanjay Nahar.
Mr. Hemant Bhati (Owner-Insured).
For Respondent(s) : Mr. Aditya Singhi (Insurer).
Mr. Sushil Bishoni (Claimants).
_____________________________________________________ JUSTICE DINESH MEHTA Judgment / Order 11/05/2018 The present appeal has been filed by the appellants - owner and driver of the offending vehicle, against the judgment and (2 of 5) [CMA-1201/2012] award dated 09.04.2012, whereby the learned Tribunal below has awarded a sum of Rs.80,000/- and interest thereupon to the claimants. By way of the impugned award, the Tribunal has held the owner and driver of the offending vehicle liable for payment of the compensation, while absolving the Insurance Company of its obligation to indemnify, as the driver of the offending vehicle was having a license to drive a light motor vehicle and not specific license for driving a tractor.
Mr. Nahar, learned counsel appearing for the appellants, at the outset, submitted that the issue, "as to whether the license available with the driver to drive a light motor vehicle is valid for driving a goods/passenger vehicle", has been set at rest in the recent decision of Hon'ble the Supreme Court in the case of Mukand Dewangan Vs. Oriental Insurance Company Limited, reported in AIR 2017 (SC) 3668.
Mr. Aditya Singhi, learned counsel for the respondent No.1 - Insurance Company submitted that notwithstanding the judgment of Hon'ble the Supreme Court in Mukand Dewangan's case, Hon'ble the Supreme Court is ceased of such issue and as per the information available to him, on 03.05.2018, the matter has been placed before Hon'ble the Chief Justice for constitution of appropriate Larger Bench. He has placed for perusal of the Court, a copy of the order dated 31.10.2017 and the subsequent order dated 16.01.2018, evincing pendency of the issue and the fact that leave has been granted by Hon'ble the Supreme Court.
Though order of reference (dated 03.05.2018) has not been made available.
(3 of 5) [CMA-1201/2012] It is pertinent to note that the Tribunal below has not found the driving license of the driver valid and thus held the owner/driver liable for the compensation while exonerating the Insurance Company, as per the prevalent law on the relevant point. Meanwhile, Hon'ble Supreme Court in Mukand Dewangan's case has held that such Driving License for Light Motor Vehicle is valid. Hence, the owner has been given interim protection by this Court obviously in light of the said Judgment.
In backdrop of this factual and legal position, neither the Insurance Company can be asked to pay, until and unless, the appeal is finally disposed of and Award impugned is upturned on this count, nor can the interim order be vacated. Such being the position, the claimants find themselves in no man's land.
In considered opinion of this Court, the claimants cannot be left in lurch, in a situation like this.
Be that as it may, in view of the law existing today as laid down in the case of Mukand Dewangan, the liability of the Insurance Company cannot be disputed. Keeping the matter pending before this Court, awaiting the outcome of the Larger Bench or final adjudication by Hon'ble the Supreme Court, would simply lead to protraction of payment of the award money to the claimants.
In view of the above, the present appeal is allowed. The impugned judgment and award dated 09.04.2012 passed by the Additional District & Sessions Judge (Women Atrocities & Dowry Protection) and Motor Accident Claims Tribunal, Bhilwara in Claim Case No. 702/2008 (732/2008) is set aside, to the extent it holds (4 of 5) [CMA-1201/2012] the owner of the vehicle to be liable for the compensation amount, for not having valid license.
It is declared that the Respondent No.1 - United India Insurance Company shall be liable for paying the amount, pursuant to the award dated 09.04.2012.
Filing of an appeal by the Insurance Company against the order instant, being decided in light of the judgment of Hon'ble Supreme Court in Mukand Dewangan's case, would lead to multiplicity of litigation and cost to the claimants/owner as well. The final adjudication of the present issue would depend upon the Larger Bench Judgment or expression of opinion by Hon'ble the Supreme Court, on the issue at hands.
In view of the above, keeping the interest of the claimant as paramount and in a bid to avoid multiplicity of litigation; as agreed by the learned counsel for the appellants - the Insured, Mr. Sanjay Nahar, it is ordered that if the law laid down by Hon'ble the Supreme Court in Mukand Dewangan's case is reversed, altered or otherwise modified, the present order would stand reversed, altered or modified accordingly, without filing of an appeal by the Insurance Company.
The Insurance Company shall have a right to recover the amount from the concerned owner/driver by way of directly filing execution before the Tribunal concerned, within a period of six months from the date of decision of the Larger Bench of Hon'ble the Supreme Court, if any.
(5 of 5) [CMA-1201/2012] Needless to observe that since the present appeal is confined only to the question of liability of the Insured vis-a-vis Insurer; the disposal of the present appeal will not take away or affect the claimant's rights of seeking enhancement of the amount awarded by the Tribunal or otherwise.
Appeal allowed as indicated above.
(DINESH MEHTA), J.
/Mohan/55