National Insurance Company v. Geeta & Ors.

1. The appellant impugns the award of compensation dated 23.09.2017 passed by the learned MACT in MACT No 449646/2016 insofar as it has not granted the right of recovery to the insurance company, against the owner of the offending- insured vehicle.

2. The driver of the said vehicle was admittedly duly licensed to drive a Light Motor Vehicle (LMV). In terms of the decision of the Supreme Court in Mukund Dewangan vs. Orinetal Insurance Co. Ltd., (2016) 4 SCC 298, a Light Motor Vehicle includes all vehicles having an unladed weight of upto 7500 kgs., therefore, a valid driving licence holder for a LMV would be permitted to drive any such motor vehicle that weighed upto 7500 kgs on its own. In the present case, since the offending- insured vehicle was a medium transport vehicle weighing about 9800 kgs and being driven on licence of LMV, the insured owner was clearly in breach of the insurance policy. In the 2019:DHC:6839 MAC.APP.67-2018 circumstance, the appellant ought to be and is granted right of recovery against such owner.

3. The awarded amount is stated to be deposited by the appellantinsurer. Let the same be released to the beneficiaries of the award in terms of scheme of disbursement specified therein. The appellant- insurer shall have the right to recover the same from the owner of the offending insured vehicle.

4. Since the appellant has succeeded in the appeal, let the statutory deposit alongwith interest accrued thereon be returned to the appellant.

5. The appeal is disposed-off in the above terms.

NAJMI WAZIRI, J. DECEMBER 10, 2019