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2014 Supreme(P&H) 357

JITENDRA CHAUHAN
United India Insurance Company Limited – Appellant
Versus
Meena Devi – Respondent


Advocates:
For the Appellant:Mr. Paul S. Saini, Advocate.
For the Respondent Nos. 4 & 5:Mr. Nitin Mittal, Advocate.

JUDGMENT

Mr. Jitendra Chauhan, J.: - The present appeal has been filed by the Insurance Company, challenging the impugned Award dated 14.2.2011, passed by the learned Motor Accidents Claims Tribunal, Faridkot (in short ‘the Tribunal’).

2. The only argument raised by the learned counsel for the appellant is that the driver of the offending vehicle was not holding a valid driving licence at the time of accident. He was having a LMV licence, whereas the vehicle involved in the accident was motorcycle, for which, the said licence is not valid. He seeks recovery rights from the owner and driver.

3. On the other hand, the learned counsel for respondent Nos. 4 and 5 -the driver and the owner, refers to Section 2(21) of the Motor Vehicles Act and states that the weight of the motorcycle falls in the category of LMV, therefore, the learned Tribunal has rightly held the appellant liable to indemnify the award, as the vehicle was insured at the time of accident.

4. I have heard the learned counsel for the parties and perused the case file.

5. Sections 3 and 10 of the Motor Vehicles Act reads as under:-

3. Necessity for driving licence.- (1) No person shall drive a motor vehicle in any public p

























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