KANTI LAL S/O SH. KESHARI MAL JAIN Vs. HIRIYA S/O SH. KANIYA MENA
LAWS(RAJ)-2017-9-71
HIGH COURT OF RAJASTHAN
Decided on September 06,2017

Kanti Lal S/O Sh. Keshari Mal Jain Appellant
VERSUS
Hiriya S/O Sh. Kaniya Mena Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) These appeals are directed against the judgment dated 9.10.2012 passed by the Motor Accident claims Tribunal, Pratapgarh ('the Tribunal'), whereby, the Tribunal has accepted the applications for compensation filed by the claimants and has awarded various amounts and has exonerated the Insurance Company on coming to the conclusion that the driver of the insured vehicle was not in possession of requisite driving licence.
(2.) Initially the applications filed by the claimants were decided based on compromise among the parties by the Tribunal by its award dated 17.9.2011. Where after the Insurance Company filed application for recall of the order claiming that it was not liable for making payment of compensation and the consent was wrongly given. Based on the said submissions, the Tribunal recalled its order dated 17.9.2011 and thereafter, the award impugned was passed and the Insurance Company was exonerated.
(3.) Learned counsel for the appellant submits that besides the ground that the award passed could not be recalled without notice, the ground on which the Insurance Company has been exonerated, now stands concluded by Larger Bench judgment of Hon'ble Supreme Court in the case of Mukund Dewangan v. Oriental Insurance Company Ltd. and Ors.: Civil Appeal No.5826/2011, decided on 3.7.2017 and, therefore, the appeals filed by the appellant be allowed.;


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