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MAUNA M. BHATT
National Insurance Company Limited – Appellant
Versus
Babulal Mohanbhai Vala – Respondent
JUDGMENT :
1. The appellant-Insurance Company has filed these appeals under section 173 of the Motor Vehicles Act (‘the Act’ for short), challenging the judgment and award dated 15.10.2011, passed by the Motor Accident Claims Tribunal (Aux.), Morbi in MACP Nos. 175 of 2009 and MACP No.176 of 2009 respectively. First Appeal No. 529 of 2012, arises out of MACP No.175 of 2009 and First Appeal No. 530 of 2012, arises out of MACP No. 176 of 2009. Both these first appeals are filed by the insurance company challenging the liability fastened on it, for the payment of compensation.
2. Brief facts, arising from the record are as under:
2.1. On 24.04.2009 at around 02:30 pm, Vijayaben with her minor daughter Nikita were traveling on a motor-cycle no. GJ-3CJ-5293, driven by Rambhai-husband of Vijayaben and father of Nikita. When they reached Rajpar road, near Jaydev oil industry, one tractor no. GJ-10-AF-0086, came with full speed in rash and negligent manner and tried to overtake the motor-cycle. While overtaking, it dashed with the motor-cycle. On account of impact of dash, the pillion riders Vijayaben and Nikita fell down where, Vijayaben died on the spot and Nikita sustained serious injuries
The main legal point established in the judgment is that the absence of a valid and effective license for the specific class of vehicle being driven absolves the insurance company from liability for ....
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
Act policy excludes coverage for pillion rider on two-wheeler as gratuitous passenger; LMV (NT) licence invalid for motorcycle; insurer exonerated, owner liable for compensation.
The main legal point established in the judgment is that the Insurance Company cannot be held liable for compensation when the vehicle was driven without a valid license, based on the provisions of t....
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
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