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2022 Supreme(J&K) 402

PUNEET GUPTA
United India Insurance Co. Ltd. – Appellant
Versus
Kanchan Sharma – Respondent


Advocates Appeared:
For the Petitioner: D.S. Chauhan.
For the Respondent: Waheed Chowdhary; Meharban Singh.

JUDGMENT :

1. The appeal stands preferred by the appellant against award dated 04.04.2016 passed by learned Presiding Officer, Motor Accident Claims Tribunal, Jammu, whereby the Tribunal has awarded Rs.39,68,948/- in favour of the respondents/claimants. The award is challenged by the appellant Insurance Company mainly on the ground that the insurance company is not liable to indemnify the claimants in the claim petition as the vehicle insured was petrol tanker bearing Registration No. JK02-E/4721 and the vehicle was being driven by the driver of the offending vehicle without valid and effective driving licence as on the date of accident. The provisions of 'The Motor Vehicles Act' read with the rules framed under the Act place the vehicle in question under the definition of public carrier goods carrying goods which are dangerous and hazardous in nature and therefore the licence for driving vehicle had to be specifically for this purpose. The appellant has also challenged the quantum of compensation awarded in favour of the claimants. The learned counsel for the appellants has reiterated the submissions made in the appeal during the course of arguments.

2. The driving license of the dr

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