SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Raj) 1239

MOHAMMAD RAFIQ
Mahesh Kumar – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates Appeared
Sanjay Mehrishi, for Appellants;
Prashant Chahar, for Respondent

Hon'ble RAFIQ, J.—This appeal has been filed by the appellant-owner aggrieved by the award of Motor Accident Claims Tribunal dated 25.4.2001.

2. Shri Sanjay Mehrishi, learned counsel for the appellants has argued that the insurance company has been wrongly absolved of its liability to indemnify the owner for payment of compensation to the claimant. It was argued that unladen weight of the vehicle, which was mini bus was 7500 kg and therefore in view of definition clause 2(21) of the Motor Vehicles Act, it would be a "light motor vehicle". The driver possessed the licence to drive a light motor vehicle and therefore it cannot be said that he was not authorised to drive a mini bus. Learned counsel for the appellants in support of his arguments referred to the judgment of Supreme Court in Ashok Gangadhar Maratha vs. Oriental Insurance Co. Ltd. (1999) 6 SCC 620 and argued that Supreme Court in that case was dealing with a case where the vehicle was neither having a permit for a goods carriage nor carrying any goods on the date of accident, such a vehicle even though designed to be used as a goods carrier or transport vehicle was held to be remained a light motor vehicle and was not a li











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top