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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SUSHIL KUKREJA
New India Assurance Company Limited – Appellant
Versus
Kanchan Devi – Respondent
| Table of Content |
|---|
| 1. claim related to compensation for wrongful death. (Para 1 , 2 , 4) |
| 2. responses and arguments regarding liability. (Para 3 , 9 , 10) |
| 3. issues framed for determination by the tribunal. (Para 5 , 6 , 8) |
| 4. analysis of valid driving licence requirements. (Para 11 , 12 , 13 , 14 , 15) |
| 5. conclusion on liability and order for compensation recovery. (Para 16 , 17 , 18) |
JUDGMENT :
SUSHIL KUKREJA, J.
The instant appeal has been maintained by appellant, i.e., The New India Assurance Company Limited, who was respondent No. 3 before the learned Tribunal below (hereinafter referred to as “the appellant/Insurance Company”) under Section 173 of the Motor Vehicles Act, 1988 (for short ‘The Act’) against impugned award, dated 17.02.2014, passed by learned Motor Accident Claims Tribunal-I, Solan, H.P., (hereinafter referred to as “the learned Tribunal”), whereby the claim petition filed by the petitioners-claimants (respondents No. 1 & 2 herein) under Section 166 of the Act, was allowed and they were held entitled for compensation of Rs.6,00,000/- alongwith interest @ 7% per annum from the date of filing of the petition till the realization of the amount from respondent No. 3-Insuran
The driver lacked a valid licence for a heavy passenger vehicle, leading to the Insurance Company's exoneration from liability. Legal precedent clarifies different licensing requirements for vehicle ....
Light motor vehicle licence holder competent to drive transport vehicle with gross vehicle weight under 7500 kg without additional endorsement; insurer liable for compensation absent policy breach.
The court ruled that a driving license for a 'transport vehicle' includes authorization to drive a 'heavy goods vehicle', making the insurer liable for compensation.
A driver authorized to drive a transport vehicle is also authorized to drive a heavy goods vehicle as per recent amendments in the Motor Vehicles Act.
The possession of a valid driving license for the relevant vehicle category and the absence of a breach of the insurance policy influenced the court's decision regarding the liability for compensatio....
A driver holding a valid license for a light motor vehicle is authorized to drive a transport vehicle of that class, including a tractor, provided the gross vehicle weight does not exceed 7500 kilogr....
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