DEVENDRA SINGH TOMAR Vs. NAJIR AND ORS.

JUDGEMENT

(1.) By this common order, MA No. 828 of 2014 filed by the owner and MA No. 378 of 2013 filed by the claimant shall be decided.

(2.) These two misc. appeals have been filed against the award dated 12.2.2013 passed by First Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 127 of 2011, by which the Claims Tribunal has exonerated the insurance company from its liability and has held that the claimant has also contributed to the accident and after fixing 50 per cent contributory negligence, awarded Rs. 68,800 by way of compensation.

(3.) Challenging the award passed by the Claims Tribunal, it is submitted by the counsel for the owner that it is true that the driver was holding two driving licences, whereas he is entitled to hold only one and, therefore, the Claims Tribunal has rightly ignored the second licence but the insurance company has been exonerated only on the ground that there was no endorsement in the first licence to drive goods vehicle. The Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Co. Ltd. , 2017 ACJ 2011 (SC), has already held that the insurance company cannot be exonerated on the said ground.