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RAHUL BHARTI
Oriental Insurance Co. Ltd. – Appellant
Versus
Sanjay Kumar – Respondent
JUDGEMENT
1. Heard learned counsel for the parties.
2. A motor vehicle accident resulted in death of one Tripta Devi leaving behind her husband and two minor children (sons). A claim petition filed before Motor Accidents Claim Tribunal (in short “MACT”), Jammu for compensation resulted in passing of an award dated 04.03.2013 against which the insurer i.e. Oriental Insurance Company (OIC) Ltd., has come up in present appeal under section 173 of the Motor Vehicles Act, 1973.
3. The respondent Nos. 1 to 3 herein were the claimants in the claim petition. The accident took place on 03.12.2009 when an offending vehicle (Bus) bearing registration No. JK02X-8627 owned by the respondent No. 5-Madan Lal and driven by the respondent No. 6-Sham Lal came to hit Tripta Devi, who was pedestrian knocking her down and leaving her dead.
4. The offending vehicle (bus) was insured by the appellant–insurance company and the offending vehicle was carrying an insurance cover at the relevant point of time. The claim petition resulted in the generation of the following issues:-
The court upheld the MACT's compensation award, affirming the validity of the driver's license and the appropriateness of the compensation calculation based on the deceased's income and dependents.
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
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 court established that compensation under the Motor Vehicle Act requires proof of a valid driving license, and the principle of 'pay and recover' applies when the license is not proven.
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 ....
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