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2015 Supreme(P&H) 1878

K.KANNAN
Hanuman Singh – Appellant
Versus
Sona Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vivek Khatri
For the Respondents: Vishal Aggarwal

JUDGMENT :

K. Kannan, J.

The owner of a pick van called as Jeep was fastened with a liability for recovery by the insurance company by the order of the tribunal. The owner of the vehicle is aggrieved and hence in appeal. According to the learned counsel, the weight of the Mahendra pick up van is less than 7500 kgs and it qualifies as light motor vehicle. He held a light motor vehicle licence and at the time when the accident took place. There were no goods being carried and hence the possession of light motor vehicle licence itself, according to him, was sufficient to secure to the owner full indemnity. The counsel's argument is that it is the manner of use at the relevant time which will govern the liability and the issue of entitlement to indemnity or not. The counsel would place reliance on a judgment of this court in Balbir Singh and Another Vs. Ralla Singh and Others, (2014) ACJ 1037 as squarely governing the issue. That was a case of tractor and trolley where the driver was holding licence to driver light motor vehicle. There were no goods loaded at the relevant time of the accident and since the gross weight of the tractor was less than 7500 kgs, it found that light motor vehi















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