RAVINDRA MAITHANI
AMTULS PUBLIC SCHOOL, NAINITAL – Appellant
Versus
KAMLA DEVI – Respondent
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
Since common question of law and facts arises in all the three appeals, they are being decided by this common judgment.
2. Appeal From Order No.88 of 2008 has been preferred against the judgment and award dated 05.12.2007, passed in Motor Accident Claim Petition No.64 of 2007, Smt. Kamla Devi and others Vs. Amtuls Public School and another, by the Motor Accident Claims Tribunal/District Judge, Nainital. By the impugned judgment and award, the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short, “the Act") has been allowed and respondent no. 5, insurance company has been directed pay a compensation of Rs. 5,32,000/- to the respondent nos.1 to 4 (the claimants). The respondent no.5, insurance company has also been given the rights to recover this amount from the appellant.
3. In appeal From Order No.89 of 2008, challenge is made to the judgment and award dated 05.12.2007, passed in passed in Motor Accidents Claim Petition No. 63 of 2007, Smt. Govindi Devi and others Vs. Amtuls Public School and another, by the Motor Accident Claims Tribunal/District Judge, Nainital. By the impugned judgment and award, the clai
National Insurance Company Ltd. vs. Baljeet Kaur & ors
A valid light motor vehicle license includes transport vehicles, and insurers cannot deny liability without proving negligence by the vehicle owner.
The central legal point established in the judgment is that the license to drive a light motor vehicle includes the license to drive a transport vehicle, based on the interpretation of the Motor Vehi....
The burden of proving the validity of the driving license lies with the owner and driver, and the liability of the insurance company depends on the status of the passenger.
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