1
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.14619-14620 OF 2024 [ARISING FROM SLP (C) NOS. 856-857 OF 2023]
FIROJKHAN ISUBKHAN SAMARA APPELLANT(S)
VERSUS
ORIENTAL INSURANCE COMPANY LIMITED & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. The limited challenge raised in the present
appeals is to the direction issued by the Motor
Accident Claims Tribunal and confirmed by the High
Court with regard to respondent no.1-Insurance
Company to pay the compensation to the claimants and
thereafter recover the same from the owner of the
vehicle only for the reason that there being no
separate endorsement on the licence to drive a
transport vehicle, i.e. gross vehicle weight not
exceeding 7,500 kg, now stands settled by a
Constitution Bench Judgment of this Court in ‘Bajaj
Alliance General Insurance Co. Ltd. vs. Rambha Devi
and Others’1 in favour of the owner.
3. Learned counsel appearing for the
1 2024 SCC Online SC 3183
2
respondent-Insurance Company fairly submitted that
the point raised is decided in favour of the
appellant/owner of the vehicle. He has, however,
objected on the ground that the appellant-owner did
not challenge the award before the High Court, but
has approached this Court directly by way of present
appeals arising from special leave petitions.
4. Considering the facts of the matter and in
...