MOHAMMAD RAFIQ
Mahesh Kumar – Appellant
Versus
National Insurance Co. Ltd. – Respondent
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.