JUDGEMENT
V.K.Bali, J. -
(1.) This appeal under section
18 of the Rajas than High Court Ordinance, 1949, has been filed challenging the
order dated 18.10.2002 passed by learned
single Judge of this court in C.M.A. No.
1121 of 1999, confirming the order of the
Motor Accidents Claims Tribunal dated
20.4.1999. The Tribunal in a matter pertaining to claim with regard to an accident
determined compensation of Rs. 1,50,000
but fastened the liability to pay the same
to the owner of the offending vehicle. This
constrained the appellant to file an appeal
which has since been dismissed by the learned single Judge.
(2.) The only question that needs to be
determined in the present appeal is as to
whether owner of the vehicle should pay
compensation or the same shall be payable
by Oriental Insurance Co. Ltd., arrayed as
respondent No. 4 in the present appeal.
(3.) The question as framed above, emanates from the admitted fact that driver of
the vehicle belonging to the appellant, did
possess licence for driving light motor vehicle but was driving a minibus, a transport
vehicle, which conceded as well, is a light
motor vehicle as defined under section 2
(21) of Motor Vehicles Act, 1988. There
is no need to give further facts of the case
in view of the limited controversy between
the parties as mentioned above.;
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