IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (i) FAO No.5199 of 2009 (O&M) Date of Decision 30.10.2009 United India Insurance Company Limited ...... Appellant VERSUS Smt.Manti Devi and others ...... Respondents (ii) FAO No.5200 of 2009 (O&M) United India Insurance Company Limited ...... Appellant VERSUS Sri Niwas and others ...... Respondents CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL Present: Mr.R.N.Singal, Advocate, for the appellant. ***** A.N.JINDAL, J(ORAL): C.M.No.25516-CII of 2009 For the reasons mentioned in the application, delay in filing the appeal is condoned. FAO No.5199 of 2009 Two appeals Nos.5199 and 5200 of 2009, having arisen out of the award dated 15.06.2009, passed by Motor Accident Claims Tribunal, Jhajjar, are being disposed of by a common judgment. In MACT Case No.2 of 2004 compensation to the tune of Rs.25,000/- was awarded in favour of claimant Manti Devi on account of the injuries suffered by her and in MACT Case No.2A of 2004 compensation to the tune of Rs.1,75,000/- was awarded in favour of claimant Sri Niwas on account of the death of Sher Singh, in a motor vehicular accident. They were also awarded interest @ 7.5% per annum and against the appellant-Insurance Company and respondents No.2 and 3 jointly and severally. Admitted facts are that on 08.05.2004 at about 10:00 a.m. claimant Manti Devi was returning from Jhajjar to her village Kasni and Sher Singh was also returning after making some purchases for his shop in a FAO No.5199 of 2009 (O&M) -2- jeep bearing registration No.HR-26-E-8166. When they reached near Khaspur on Kosli-Jhajjar Road, then a jeep bearing registration No.HR-63- 1977, driven by respondent-driver Vijay Kumar rashly and negligently, while coming from Kasni side and struck against the said jeep whereby the jeep bearing registration No.HR-26-E-8166 turned turtle. Resultantly, the claimants suffered injuries. Claimant Manti Devi stated that she was shifted to Civil Hospital, Jhajjar from where she was referred to PGIMS, Rohtak where she remained admitted. Sher Singh had also received multiple injuries. He was got admitted in General Hospital, Jhajjar on 05.08.2004 and from where he was referred to PGIMS, Rohtak and thereafter he was admitted in Mission Hospital, Bahadurgarh on 06.08.2004 and he expired on 01.09.2004. Consequently, claim petitions were filed which were contested by the respondents. Ultimately, both the claim petitions were partly accepted in the aforesaid terms. Now the appellant-Insurance Company has assailed the judgment on the grounds that though respondent No.1 Vijay Kumar was holding a driving licence but it was valid for scooter, motorcycle, car and jeep only and the same was not valid for Mohindra (Pick Up). Mahindra Pick UP is also included the category of jeeps as the weight of Mohindra (Pick UP) is not more than 7500 kilograms . The claimants have also mentioned in the claim petitions that the injured and the deceased were travelling in jeep bearing registration No. HR-26-E-8166. The Registration Certificate Ex.R3 produced on record reveals that the weight of the vehicle was 7500 kilogrames being light transport vehicle and the licence as held by the petitioner could be said to be valid for said light transport vehicle. As such, it cannot be said that there was any violation of the terms and conditions of the insurance policy. No grounds to interfere. Dismissed. (A.N.Jindal) Judge 30.10.2009 mamta-II