ARUN BHANSALI,J. - (1.) This appeal by owner and driver of the vehicle is directed against the judgment and award dated 5.12.2012 passed by the Motor Accident Claims Tribunal, (I) Jodhpur, ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 5,58,000/- as compensation to the claimants, however it has exonerated the Insurance Company and has ordered to pay and recover.
(2.) It is submitted by learned counsel for the appellant that the issue raised in the present appeal about the eligibility of person holding licence to drive 'light motor vehicle' to drive 'light passenger vehicle' 'light transport vehicle' is now squarely covered by judgment in the case of Mukund Dewangan v. Oriental Insurance Company Ltd. and Ors., Civil Appeal No. 5826 of 2011 , decided on 3.7.2017 and therefore, the finding of the Tribunal regarding exoneration of the Insurance Company as well as direction to pay and recover deserves to be set aside.
(3.) Learned counsel for the respondent is not in a position to dispute the fact that the issue raised is covered by judgment by Hon'ble Supreme Court in the case of Mukund Dewangan (supra).;