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ILESH J. VORA
Oriental Isurance Company Limited – Appellant
Versus
Heirs Of Decd. Yash Batukbhai Pithva – Respondent
JUDGMENT :
Ilesh J. Vora, J.
1. This appeal is filed under section 173 of the MOTOR VEHICLES ACT , 1988 by the Oriental Insurance Company Limited, assailing the judgement and award dated 25.11.2011, passed in MACP No.427 of 2010, wherein the MACT (Aux.), Gondal at Upleta, District: Rajkot by allowing the claim petition filed under section 163A of the Act, fastened the liability of the Insurance Company and directed the Company to pay the amount of compensation and recover it from the owner of the vehicle involved.
2. Facts and circumstances giving rise to file this petition are that deceased minor aged about 8 years was hit by the rickshaw GJ-3V-6089 when he was on his foot going towards the market. The deceased succumbed to his injuries. The claimants respondents being legal heirs and representatives filed a claim case under section 163 of the Act. After adducing the evidence and hearing the parties, the Tribunal vide its judgement and award dated 25.11.2011 partly allowed the application and directed the Insurance Company to indemnify the amount of the award with interest at the rate of 9%. Before the Tribunal, the Insurance Company contested the claim raising the dispute about sta
A light motor vehicle license suffices for driving a transport vehicle under 7500 kg, modifying liability to include the insurance company.
Endorsements on driving licences are necessary for operating transport vehicles, establishing liability standards under the Motor Vehicles Act.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
Point of Law : Tribunals in interpreting the policy conditions would apply "the rule of main purpose" and the concept of "fundamental breach" to allow defences available to the insured under section ....
A light motor vehicle license suffices for driving transport vehicles under 7500 kg without requiring additional endorsement, clarifying insurance liability.
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