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2019 Supreme(Online)(Chh) 427

CHHATTISGARH HIGH COURT
P. Sam Koshy, J.
Naveen Kumar Chopda v. Hemprakash and Others


1. The present is an owner's appeal under S.173 of the Motor Vehicles Act, 1988.

2. Challenge in the present appeal is to the award dated 25.3.2014 passed by the Additional Motor Accidents Claims Tribunal, Bhatapara, in Claim Case No. 12 of 2012.

3. Vide the impugned award, the learned Tribunal, in a death case, under S.166 of the Motor Vehicles Act, has awarded a compensation of Rs.3,54,000 to respondent No. 1 - claimant with interest thereon at the rate of 6 per cent per annum from the date of presentation of the claim application. While passing the award, the learned Tribunal has exonerated the respondent No. 3 insurance company of its liability and has fastened the liability for payment of compensation upon the present appellant, i.e., the owner of the offending vehicle.

4. The point of issue involved in the instant case is, whether the vehicle belonging to the appellant, i.e., a tanker truck, bearing registration No. CG 10 - ZB 0784, having a gross laden weight of 16,200 kg, falls within the definition of 'transport vehicle' under S.10 (2) (e) of the Motor Vehicles Act and that, whether a separate endorsement was required for a heavy goods vehicle to drive the said tanker.

5. Fact

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