Sarwan & ANR v. Mahabir & ANR
FAO-4814-2014(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4814-2014(O&M) Date of Decision: July 25, 2019 Sarwan and another .....Appellants
Versus
Mahabir and another ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR
Present:
Mr.Gaurav Jaglan, Advocate for Mr.Vikram Singh Dhakla, Advocate for the appellants.
Mr.Yashveer Kharb, Advocate for Mr.Ajay Ghangas, Advocate for respondent No.1.
Mr.Ashwani Talwar, Advocate for respondent No.2.
........
NIRMALJIT KAUR, J. (ORAL) It is not disputed that the question involved in the present case is no more res integra in view of the judgment rendered by the Apex Court in Mukund Dewangan vs Oriental Insurance Company Limited, AIR 2017 SC 3668 wherein it is held that a transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of "light motor vehicle" as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no MEENU 2019.07.26 15:08 I attest to the accuracy and authenticity of this document chandigarh
FAO-4814-2014(O&M) -2separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.03.2011 in the form.
In view of the same, appeal is allowed and the liability of the amount, to the extent vide which it has been fastened on the appellants, shall now be shared jointly and severally and the first liability shall be the Insurance Company-respondent No.2.
July 25, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No MEENU 2019.07.26 15:08 I attest to the accuracy and authenticity of this document chandigarh