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Judgment
This appeal is directed against judgment and award dated 07.07.2015 passed by Motor Accident Claims Tribunal (First), Jodhpur ("the Tribunal"), whereby, the Insurance Company has been exonerated from the liability to make payment of compensation and a direction to pay & recover has been given.
It is submitted by learned counsel for the appellant that the Tribunal came to the conclusion that as the vehicle in question was a "Light Transport Vehicle" and the driver was in possession of driving licence authorized to drive "Light Motor Vehicle" only, the same was in violation of policy conditions and, consequently, exonerated the Insurance Company.
It is submitted that the said aspect is squarely covered by the judgment of Hon'ble Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited & Ors. : C.A. 5826/2011 decided on 03.07.2017 and, therefore, the appeal deserves to be allowed.
Learned counsel for the respondent Insurance Company is not in a position to dispute the fact that the issue is covered by judgment of Hon'ble Supreme Court in the case of Mukund Dewangan (supra).
In view of the above, the appeal filed by the appellant-
owner is allowed. The award dated 07.07.2015 is modified to the extent that alongwith owner and driver, the respondent No.1 - Insurance Company would be jointly and severally liable for payment of compensation and the direction "to pay & recover" is set aside.