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NARENDRA SINGH DHADDHA
National Insurance Company Limited – Appellant
Versus
Kiran Devi – Respondent
ORDER
1. The aforesaid two appeals have arisen from a judgment and award dated 03.05.2019 passed by Motor Accident Claims Tribunal (Additional District and Sessions Judge), Khetri, District Jhunjhunu (for short 'the Tribunal') in M.A.C. No.17/2011 titled as Mst. Kiran Devi & Ors. Vs. Shri Ram Singh & Anr., whereby Tribunal while allowing the claim petition, awarded a sum of Rs.4,78,000/- as a compensation in favour of the claimants. CMA No.4604/2019 has filed by the Insurance Company on various grounds whereas CMA No.4601/2019 has been filed by the claimants for enhancement of quantum.
2. Learned counsel for the Insurance Company submits that the Tribunal wrongly awarded compensation of Rs.4,78,000/- in favour of the claimants. Learned counsel for the Insurance Company also submits that driver of the offending vehicle did not have any valid license, fitness certificate and valid permit of the bus. Learned counsel for the Insurance Company also submits that the Tribunal wrongly came to the conclusion that the judgment of Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited (Civil Petition No.32828/2010) is applicable in this case. Learned counsel fo
The court clarified that licensing requirements under the Motor Vehicles Act are dependent on the vehicle's weight, affecting liability in compensation claims.
A driver of a vehicle weighing less than 7500kg is not disqualified from making a claim for compensation based on the absence of a specific endorsement on their driving license for transport vehicles....
The liability of an insurance company to compensate for an accident is not negated by the driver's lack of a specific endorsement on their license if the vehicle involved weighs less than 7500kg.
The court clarified that a light motor vehicle license includes certain transport vehicles, and future prospects for compensation must align with established legal ratios.
The court upheld the insurer's liability for compensation in a fatal accident despite challenges to the driver's license and policy conditions, recalibrating the compensation amount based on income a....
A driver with a light motor vehicle license can operate a transport vehicle under 7500 kg, and future prospects for compensation should be calculated at 25% for self-employed individuals.
Interpretation of the categories of vehicles and the authorization to drive them under the Motor Vehicles Act, 1988.
The central legal point established in the judgment is that the license to drive a light motor vehicle includes the license to drive a transport vehicle, based on the interpretation of the Motor Vehi....
A driver holding a light motor vehicle license is permitted to operate a light transport vehicle if it meets specific weight criteria, and compensation for accident claims must reflect the actual inc....
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