RAGHUPATI SINGH Vs. KALUA

JUDGEMENT

(1.) This appeal under section 18 of the Rajas than High Court Ordinance, 1949, has been filed challenging the order dated 18.10.2002 passed by learned single Judge of this court in C.M.A. No. 1121 of 1999, confirming the order of the Motor Accidents Claims Tribunal dated 20.4.1999. The Tribunal in a matter pertaining to claim with regard to an accident determined compensation of Rs. 1,50,000 but fastened the liability to pay the same to the owner of the offending vehicle. This constrained the appellant to file an appeal which has since been dismissed by the learned single Judge.

(2.) The only question that needs to be determined in the present appeal is as to whether owner of the vehicle should pay compensation or the same shall be payable by Oriental Insurance Co. Ltd., arrayed as respondent No. 4 in the present appeal.

(3.) The question as framed above, emanates from the admitted fact that driver of the vehicle belonging to the appellant, did possess licence for driving light motor vehicle but was driving a minibus, a transport vehicle, which conceded as well, is a light motor vehicle as defined under section 2 (21) of Motor Vehicles Act, 1988. There is no need to give further facts of the case in view of the limited controversy between the parties as mentioned above.