BANTI @ MANOJ Vs. VEER SINGH JATAV AND ANOTHER

JUDGEMENT

(1.) This appeal under section 173(1) of the Motor Vehicles Act, 1988, at the instance of claimant, is directed against the award dated 08.03.2011 passed by the Fifth Additional Motor Accident Claims Tribunal, Gwalior (M.P.) in Motor Accident Claim Case No.46/2010 whereby while exonerating the Insurance Company from the liability, the owner has been held liable for payment of compensation of Rs. 52,625/- and interest thereon at the rate of 6% per annum in lieu of the injuries caused by the offending vehicle bearing Registration No. MP07/R1821. The Insurance Company was exonerated on a finding that the driver of the offending vehicle was though having a licence to drive the light motor vehicle, however, as the vehicle in question was a Public Carrier (Auto), there was violation of the Insurance Policy.

(2.) The indulgence, in appeal, is sought on the anvil of the decision rendered by the Hon'ble Supreme Court in the case of "Mukund Dewangan v. Oriental Insurance Company Limited [2017 ACJ 2011 ]" wherein it is held by their Lordships:

(3.) Though it is submitted by learned counsel for the respondent that the judgment in Mukund Dewangan (supra) has been placed for reconsideration in the case of M/s Bajaj Allianz General Insurance Co. Ltd. v. Rambha Devi and Others [SLP (C) No.27787/2017 vide order dated 31.10.2017 ], however, learned counsel is unable to place on record any order staying the operation of the judgment delivered in Mukund Dewangan (supra).