MUKESH Vs. OMPRAKASH

JUDGEMENT

(1.) BEING aggrieved by the award dated 21/7/2007 passed by XII MACT, Indore in claim case No. 12/06 whereby the claim petition filed by the appellant was allowed and compensation of Rs.30,000/- was awarded on account of injuries sustained by him in a motor accident, the present appeal has been filed.

(2.) FACTS of the case are that on 27.1.2005 when appellant was going on his bike bearing No. MP-09-D-6709 towards Naharkheda, at that time maruti van bearing No. MP-09-V-4976 dashed the motorcycle of appellant, as a result appellant sustained bony injuries.

(3.) LEARNED counsel for respondent No.3 submits that learned tribunal committed error in holding the respondent No.3 liable for compensation. It is submitted that offending vehicle which was insured with respondent No.3 was being driven by respondent No.2 . who was possessing the licence of Heavy Goods vehicle and not the licence of Light Motor Vehicle. Learned counsel placed reliance on a decision in the matter of Oriental Insurance Co. Ltd. Vs. Zaharulnisha, 2008 ACJ 1928, wherein the facts of case were that driver had licence to drive heavy motor vehicle but he was driving two-wheeler scooter which hit a cycle and the cyclist sustained fatal injuries, in the circumstances the Hon. Apex Court held that no driver can drive a different clause of vehicle in violation of section 10(2) of the Motor Vehicles Act and insurance company was directed to satisfy the award having right to recover the amount from owner. Learned counsel submits that in the facts and circumstances of the case, learned tribunal committed error in holding the respondent No.3 liable for payment of compensation. So far as enhancement is concerned, learned counsel submits that, amount awarded is just and proper and prayed that appeal be dismissed.