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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JITENDER AND ANR – Appellant
Versus
ORIENTAL INSURANCE COMPANY AND ORS – Respondent
JUDGMENT :
SUDEEPTI SHARMA, J.
1. The present appeal has been filed by the appellants (driver and owner of the offending vehicle) against award dated 13.01.2015 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Sonepat (for short 'the Tribunal'), wherein the appellants (driver and owner of the offending vehicle) were fastened with the liability to pay the compensation of Rs.5,50,000/- to the claimants/respondents No.2 to 9 along with interest @ 7.5% per annum from the date of filing of claim petition till recovery.
BRIEF FACTS OF THE CASE
2. Brief facts of the case are that on 17.04.2012 the deceased was going to his village Sirsadh from Gohana Mandi after selling his wheat on his motorcycle bearing No. HR-12E-3243. At about 7.15 pm one Eicher tractor bearing No. HR-31G-4592 being driven by respondent No. 1 came from opposite side in a rash and negligent manner and with fast speed and struck against the motorcycle of the deceased. As a result of which accident occurred and deceased sustained injuries. The deceased was shifted to General Hospital, Gohana by the complainant after arranging a vehicle and the concerned
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.
A driver authorized to drive a transport vehicle is also authorized to drive a heavy goods vehicle as per recent amendments in the Motor Vehicles Act.
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 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 main legal point established in the judgment is the interpretation of the definition of 'light motor vehicle' and 'transport vehicle' under the Motor Vehicles Act, and the implications for liabil....
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