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Judgment
Heard Shri E. Afonso, learned Advocate for the appellant who has mainly offered challenge to the impugned judgment on the premise that the
learned MACT had held against it on the aspect of fastening the liability to pay the amount awarded with interest thereon.
Shri Nigel Da Costa Frias, learned Advocate for therespondent no.1 came to be heard on their behalf. In the course of the arguments it has come
to the notice of this Court that the Hon'ble Apex Court in Mukund Dewangan V/s. Oriental Insurance Company Limited [(2017) 14 SCC 663] has
clearly held that a “light motor vehicle†would include a transport vehicle as per the weight prescribed in Section 2(21) read with Sections 2(15)
and 2(48) and 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. Furthermore, it has been held that the 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.
In the facts of the present case, the vehicle in question was a transport vehicle, the laden weight of which was about 5300 kg as against 7500 kg
stipulated in the said judgment. In view thereof, the plea on behalf of the appellants that they were not liable to pay the compensation to the respondent
no.1 claimant would not survive. Besides, also considering the latter judgment of the three Judge Bench of the Apex Court in Jagdish Kumar Sood
V/s. United India Insurance Co. Ltd. & Ors. [Civil Appeal No.240/2017] reiterating the judgment in Mukund Dewangan (supra) would equally apply
in the facts of this case. The judgment in Mukund Dewangan (supra) had considered a host of judgments earlier rendered by the Apex Court to the
contrary and come to a finding as before. The judgment in Jagdish Kumar Sood (supra) reiterates the said judgment and holds that the said issue is
no longer res integra being covered by that in Mukund Dewangan (supra). The plea on behalf of the appellants insurer would therefore not survive
to absolve them from the liability to indemnify the registered owner. In view thereof the appeal fails and the same is hereby dismissed with no order as
to costs.Â
The Registry is directed to disburse the amount deposited by the appellants to the respondent no.1 within two weeks from today alongwith the
interest accrued thereon.