PANA Vs. MEGHRAJ

JUDGEMENT

(1.) This review petition under Order 47 Rule 1 CPC read with Sec. 173 of the Motor Vehicles Act, 1988 has been filed against the judgment dtd. 27/9/2011 passed by this Court in SB Civil Cross Objection No.08617/2009 in SB Civil Misc. Appeal No.852/1997 (Smt. Pana and Ors. Vs. Meghraj and Ors) whereby the cross-objection and appeal have been dismissed.

(2.) Brief relevant facts for the present purposes are that a claim petition No.106/1995 was filed before the Motor Accident Claims Tribunal, Tonk (hereinafter referred to as the learned 'Tribunal') claiming compensation due to death of one Chaturbhuj. Learned Tribunal vide its judgment dtd. 26/5/1997 disposed of the claim petition and awarded total compensation of Rs.1,10,000.00 in favour of the claimants. Learned Tribunal in the said judgment has held that driver, who was driving the car, was not holding a valid license at the time of accident, as he was driving a Light Motor Vehicle (LMV), while possessing a driving license of Heavy Motor Vehicle (HMV) and, therefore, the learned Tribunal exonerated the Insurance Company and fastened the liability upon the driver and owner of the offending vehicle.

(3.) The judgment of the learned Tribunal was challenged by way of an appeal before this Court by the claimants for enhancement of compensation against which a cross-objection was also filed by the owner of the offending vehicle i.e. M/s Khatri Panna Lal.