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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Mariyam Widow Of Mohd. Khan – Appellant
Versus
Keshu Lal S/o Ganesh Lal – Respondent
ORDER :
Rekha Borana, J.
1. The present appeal has been preferred against the judgment and award dated 22.02.2017 passed by Motor Accident Claims Tribunal, Bheenmal, District Jalore in MAC Case No.87/2011 (99/2014) whereby the learned Tribunal partly allowed the claim petition and exonerated respondent No.2 Insurance Company from its liability.
The learned Tribunal, vide impugned judgment/award dated 22.02.2017 awarded a sum of Rs.10,06,200/- in favour of the claimants alongwith interest @ 7% per annum from the date of filing of claim petition i.e. 06.09.2011.
2. Brief facts of the case are that a claim petition was preferred by the claimants with the submission that on 27.05.2011, Mohd. Khan was travelling towards Bheenmal in his loading tempo bearing registration No.RJ-24-GA-0680. Upon reaching near Mudtara-Abantri Fanta, a transport vehicle/Pickup bearing registration No.RJ-30-GA-1660, owned by respondent No. 1, approached from behind which being driven rashly and negligently, caused a collision resulting in the fatality of Mohd. Khan due to sustained injuries. FIR No.73/2011 pertaining to this incident was lodged at Police Station Modra.
The offending vehicle, on the date of acciden
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.
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....
The court clarified that a light motor vehicle license includes certain transport vehicles, and future prospects for compensation must align with established legal ratios.
A valid driving license permits operation of light transport vehicles, impacting liability and compensation in motor vehicle accident claims.
A driver licensed for light motor vehicles can operate light transport vehicles, establishing insurance liability in motor accident claims.
The court upheld the Tribunal's liability determination, affirming that a driver with a valid LMV license can operate a transport vehicle under 7500 kg without an endorsement, and modified future pro....
The main legal point established in the judgment is the interpretation of the Motor Vehicles Act provisions related to driving licenses and the liability of insurance companies in road accident claim....
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....
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