2025:JHHC:27606 IN THE HIGH COURT OF JHARKHAND AT RANCHI M. A. No. 334 of 2015 Indra Narayan Singh, S/o Late Rameshwar Prasad Singh, R/o Village- Brahmasoli, P.O. & P.S.-Chitra, Dist.-Deoghar .... …. Appellant Versus 1. Pushpa Devi, W/o Late Manoj Kumar Jha 2. Jitendra Kumar Jha, S/o Late Manoj Kumar Jha 3. Nisha Kumari @ Devi, D/o Late Manoj Kumar Jha, All are permanent R/o Quarterpara Road, Dumka, P.O. & P.S.-Dumka(Town), Dist.-Dumka and also R/o Village-Premdham, Court Road, Jamtara, P.O. & P.S.- Jamtara, Dist.-Jamtara 4. Ashok Singh, S/o Ratan Singh, R/o Village-Shyam Bazar, P.O.-Shyam Bazar, P.S.-Banka, Dist.-Banka, Bihar 5. The Oriental Insurance Company Ltd. Deoghar Branch, Deoghar .... .... Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Appellant : Mr. A.K. Sinha, Advocate Mr. Lakhan Chandra Roy, Advocate Mr. Om Prakash Sharma, Advocate For the Insurance Co. : M/s Alok Lal & Santosh Kumar, Advocates ----- Oral Order 15 / Dated : 10.09.2025 1. The owner is in appeal against the judgment and award of compensation under Section 166 of M.V. Act in Title Claim Suit No. 56 of 2008, whereby and whereunder, a right to recovery of compensation amount has been given to the Insurance Company. 2. The facts are not in dispute with regard to factum of accident and that the deceased died while driving the motorcycle which met with an accident involving Dumper bearing Registration No. BPI 6252 resulting in accident. The Trial Court recorded a finding that the driver of the vehicle was having a license to drive Light Motor Vehicle which has been marked as Ext. X/2, whereas the offending vehicle was Heavy Motor Vehicle. On this ground, the impugned order was passed holding it to be a case of breach of the terms and conditions of the insurance policy. 3. It is submitted by learned counsel for the appellant that the vehicle was not Heavy Motor Vehicle but was Light Motor Vehicle which will be evident from Ext.X/1, which is photocopy of registration of the vehicle 2025:JHHC:27606 2 in which its weight has been given to be 5660 Kg. 4. As per the definition given in Section 2(21) of the Motor Vehicles Act, light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road roller the unladen weight of any of which, does not exceed 7500 Kg. 5. It is submitted that the Tribunal has misdirected itself to hold that offending vehicle was Heavy Motor Vehicle. 6. Learned counsel for the Insurance Company has defended the impugned order. 7. I find merit in the submission advanced on behalf of the appellant that the vehicle in question was Light Motor Vehicle and there was no breach of terms of insurance policy. 8. The impugned order so far as the right to recovery has been given to the Insurance Company against the owner of the vehicle is set aside. This Misc. Appeal is, accordingly, allowed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra