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R E P O R T A B L E

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.  8395-8396   OF 2017 (Arising out of S.L.P. (C) Nos.35534-35535 of 2013)

SANT LAL …APPELLANT(S) VERSUS

RAJESH & ORS. ETC. …RESPONDENT(S)

J U D G M E N T

ARUN MISHRA, J.

Leave granted.

The appeals have been preferred by the owner, aggrieved by the

award passed by the Motor Accident Claims Tribunal,  Bhiwani (for

short,  “the  MACT”).  The  driver  was  driving  a  tractor  which  was

attached to the trolley carrying goods.  The MACT held that the same

becomes transport  vehicle  though the  driver  was  having licence  to

drive motor cycle, scooter, car, jeep and light motor vehicle.  There

was no endorsement to drive a transport vehicle.   Thus, there was

violation of the conditions of the policy.  Driver was not having a valid

licence to drive transport vehicle.  Thus, after making payments to the

claimant, right of recovery have been given to the insurer from owner.

The  award  has  been  affirmed  by  the  High  Court.   Hence  present

appeals.

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This Court has considered the question whether the holder of

licence for light motor vehicle can drive tractor attached to the trolley

carrying goods  and also  whether  separate  endorsement  is  required

authorizing him to drive such a transport vehicle?   

We have  answered  the  question  that  driver  having  licence  to

drive light motor vehicle can drive such a transport vehicle of LMV

class and there is no necessity to obtain separate endorsement, since

tractor attached with the trolley was transport vehicle of the category

of light motor vehicle. Hence, there was no breach of the conditions of

the policy.     

Accordingly, in view of the answer given to reference by the three

Judge  Bench  of  this  Court  in  Mukund  Dewangan  vs.  Oriental

Insurance Co. Ltd. etc. (Civil Appeal No.5826 of 2011), these appeals

have to be allowed and are hereby allowed.  The right given to the

insurer  to  recover  amount  from  owner  is  hereby  set  aside.   The

liability is held to be joint and several of owner, driver and insurer. No

costs.

……………………..…J. (ARUN MISHRA)

……………………..…J. (AMITAVA ROY)

JULY 3, 2017 NEW DELHI

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REVISED ITEM NO.1503               COURT NO.11               SECTION IV-B (for Judgment)

 S U P R E M E  C O U R T  O F  I N D I A RECORD OF PROCEEDINGS

Civil Appeal Nos.8395-8396 of 2017                       @Petition(s) for Special Leave to Appeal(C)No(s).35534-35535/2013 SANT LAL                                          Petitioner(s)                                 VERSUS RAJESH AND ORS ETC                                Respondent(s)  Date : 03-07-2017 These matters were called on for pronouncement of judgment today.        For Petitioner(s) Ms. Archana Pathak Dave, AOR                   

Mr. Vineet Bhagat, AOR                   For Respondent(s) Mr. Bharat Bhushan, AOR       

Hon'ble Mr. Justice Arun Mishra pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Amitava Roy.

Leave granted. The  appeals  are  allowed  in  terms  of  the  signed  reportable

judgment.

(B.PARVATHI)                         (TAPAN KUMAR CHAKRABORTY)    COURT MASTER (SH)                           COURT MASTER

(Signed reportable judgment is placed on the file)

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ITEM NO.1503               COURT NO.11               SECTION IV-B (for Judgment)

 S U P R E M E  C O U R T  O F  I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C)No(s).35534-35535/2013 (Arising out of impugned final judgment and order dated  02-08-2013  in FAO No. 347/2011  passed by the High Court of Punjab & Haryana at Chandigarh) SANT LAL                                          Petitioner(s)                                 VERSUS RAJESH AND ORS ETC                                Respondent(s) (HEARD BY : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE  AMITAVA ROY) Date : 03-07-2017 These matters were called on for pronouncement of  judgment today.        For Petitioner(s) Ms. Archana Pathak Dave, AOR                   

Mr. Vineet Bhagat, AOR                   For Respondent(s) Mr. Bharat Bhushan, AOR                                 UPON hearing the counsel the Court made the following                              O R D E R

Leave granted. The appeals are allowed in terms of the signed reportable

judgment.

(B.PARVATHI)                         (TAPAN KUMAR CHAKRABORTY)    COURT MASTER (SH)                           COURT MASTER

(Signed reportable judgment is placed on the file)