MADAN LAL Vs. RAJASTHAN HIGH COURT, BENCH JAIPUR

JUDGEMENT

(1.) Appellants, registered owner and driver, have preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'Act') challenging the judgment and award dtd. 11/5/2015, passed by Motor Accident Claims Tribunal First, Jodhpur (for short, 'learned Tribunal'). The learned Tribunal, while quantifying and awarding compensation to the respondent-claimant, has exonerated the insurer from its liability.

(2.) Learned counsel appearing for the appellants has submitted that the learned Tribunal has erred in deciding Issue No. 2 regarding violation of the conditions of insurance policy. Learned counsel for the appellants also submits that the issue involved in the matter has already been set at rest by the Larger Bench of Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited [(2017) 14 SCC 663].

(3.) On the other hand learned counsel for the respondent-insurer submits that the driver of insured vehicle was not having license to ply heavy goods vehicle but holding the license to ply LMV. He, therefore, submits that the instant appeal, being bereft of any merit, is liable to be rejected.