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SANJAY DHAR
New India Assurance Co. Ltd. – Appellant
Versus
Jagjeet Singh – Respondent
JUDGEMENT
1. The appellant/Insurance Company has challenged award dated 18.11.2008 passed by the learned Motor Accidents Claims Tribunal, Kathua (hereinafter to be referred as "the Tribunal"), whereby respondent Nos. 1 to 4 (claimants) have been awarded compensation in the amount of Rs. 2,62,896/- alongwith interest at the rate of 7.5% per annum from the date of filing the claim petition till the payment is made.
2. It appears that respondent Nos. 1 to 4/claimants had filed a claim petition before the Tribunal pleading therein that on 27.06.2002 while deceased Tejinder Singh, who happened to be the son of respondent Nos. 1 and 2 and brother of respondent Nos. 3 and 4, was travelling on his motor cycle, the said motor cycle on reaching near Jarai Morh, was hit by a bus bearing registration No. JK02E-8421 that was being driven rashly and negligently by its driver, respondent No. 6 herein. The Bus in question belonged to respondent No. 5 and the same was insured with the appellant/insurance company at the relevant time. As a result of the accident, the deceased had died. It was pleaded by the claimants that the deceased was running a business of electric goods and earning an amount of R
A driver holding a 'Heavy Goods Vehicle' (HGV) license is competent to drive a passenger carrying vehicle without 'Public Service Vehicle' (PSV) endorsement.
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 ....
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.
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 main legal point established in the given judgment is the validity of the driving license and the liability of the Insurance Company under the Motor Vehicle Act.
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.
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