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NARENDRA SINGH DHADDHA
Prem Bai Bairwa – Appellant
Versus
Smeer Alias Sameeruddeen – Respondent
JUDGMENT
1. Instant appeal has been preferred by the appellants-claimants (for short 'the claimants') against the judgment and award dated 17.12.2016 passed by Motor Accident Claims Tribunal No.2, Kota (hereinafter referred to as 'the Tribunal') in M.A.C. No.1005/2013, whereby an amount of Rs.5,38,000/- alongwith interest @ 7.5% per annum from the date of filing of the claim petition was awarded as compensation in favour of the claimants.
2. Learned counsel for the claimants submits that the Tribunal wrongly decided the issue No.4 in favour of the Insurance Company and wrongly exonerated the Insurance Company. Learned counsel for the claimants also submits that it is an admitted position that driver was having a license to drive light motor vehicle at the time of accident. As per the judgment of Hon'ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Ltd. reported in 2017 ACJ 2011 a person who possess license to drive light motor vehicle can drive the light transport vehicle having an unladen weight upto 7500Kg. So, finding of the Tribunal regarding issue No.4 be set aside and Insurance Company be made liable to pay the amount of compensation. Learned counsel
A valid driving license permits operation of light transport vehicles, impacting liability and compensation in motor vehicle accident claims.
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.
Age is between 26-30 years, then multiplier of 17 should be applied.
In cases of road traffic accidents, when the driver's license is invalid, the insurer is liable to pay compensation first and may recover it from the vehicle owner. Future prospects should be assesse....
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
The main legal point established in the judgment is the application of legal provisions under the Motor Vehicles Act, particularly Sections 165, 166, 149, 2(21), and 2(47), in determining the compens....
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