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RAVI NATH TILHARI, NYAPATHY VIJAY
Divisional Manager, National Insurance Company Limited – Appellant
Versus
Khaleed Alilas Khaled Basha S/o Mahaboob Basha – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri Suri Babu Pappula, learned standing counsel appearing for the appellant-Insurance Company. No representation for the respondent-claimant.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “the M.V Act”) was filed by the National Insurance Company Limited challenging the award dated 02.07.2019 in M.V.O.P. No. 38 of 2017 (in short “O.P”), passed by the Motor Accidents Claims Tribunal-cum-II Additional District Judge Hindupur (for short “the Tribunal”). By the said award, the claim of the claimant-respondent was partly allowed granting compensation of Rs.1,55,200/- with interest thereon @ 9% p.a. from the date of the claim petition till date of deposit.
FACTS:
3. The claimants-respondent filed the aforesaid O.P. No. 38 of 2017 under Section 166 of the M.V. Act for awarding the compensation of Rs.2,00,000/- for the grievous injuries sustained in the accident dated 05.10.2016 caused by the rash and negligent driving of the driver of Eicher Van bearing No. AP-02-V- 5231 (in short “the offending vehicle”) which dashed against the Auto in which the claimant/respondent was travelling, from the back side, near Agrampalli Vill
A driver with a Light Motor Vehicle (non-transport) license is deemed valid to drive a Light Motor Vehicle (transport), affirming the insurance company's liability for compensation.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
A driver with a valid license for light motor vehicles can operate a transport vehicle of the same class without needing a separate endorsement, affirming the insurance company's liability.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured under the Motor Vehicles Act, 1988, and the cal....
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