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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Anup Ram (since deceased) Through His Lrs. – Appellant
Versus
Kamla Devi – Respondent
| Table of Content |
|---|
| 1. fatal accident due to rash driving of jeep. (Para 1 , 2) |
| 2. denial of negligence and license validity raised. (Para 3 , 4) |
| 3. tribunal awards compensation against owner and driver. (Para 5 , 6 , 7) |
| 4. lmv license validity for transport vehicle contested. (Para 8) |
| 5. lmv licence authorizes transport vehicles under 7500kg. (Para 10 , 11 , 12 , 13) |
| 6. insurer liable to pay awarded compensation. (Para 14 , 15 , 16) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal has been maintained by appellants, who were respondents No. 1 and 2 before the Motor Accidents Claims Tribunal, Kullu, District Kullu, H.P. (hereinafter referred to as “the learned Tribunal”) under Section 173 of the Motor Vehicles Act, 1988 (for short ‘The Act’) against impugned award, dated 04.03.2014, passed by the learned Tribunal, whereby Claim Petition No. 30/2011 (41 of 12) (467/2013), filed by the petitioners-claimants, who are respondents No. 1 to 4 herein (hereinafter referred to as “the claimants”) under Section 166 of the Act, was allowed and the petitioners/claimants were held entitled for compensation in the sum of Rs. 8,90,000/- alongwith interest at the rate of 7.5% per annum from the date of filing
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 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 ....
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....
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....
The insurer's liability is upheld when the driver's license meets the statutory requirements for operating the vehicle in question.
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