CHHATTISGARH HIGH COURT
A.K. Shukla, J
Oriental Insurance Co. Ltd. v. Parwati Sharma and Others
| Table of Content |
|---|
| 1. overview of the accident and claims. (Para 1 , 2 , 3 , 6 , 20) |
| 2. controversy on driving license validity. (Para 4 , 5 , 10) |
| 3. arguments regarding the compensation amount. (Para 7 , 9 , 21 , 30) |
| 4. legal provisions regarding driving licenses. (Para 11 , 12 , 17 , 27) |
| 5. discussion on liability and endorsement requirements. (Para 18 , 19) |
| 6. final decision on compensation and liability. (Para 24 , 29 , 31) |
1. Appellant insurance company has preferred this appeal under S.173 of Motor Vehicles Act, 1988 (for short 'the Act of 1988') challenging award dated 20.9.2012 passed by the learned 4th Additional Motor Accidents Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim Case No. 126 of 2011 whereby learned Claims Tribunal allowed claim application in part, awarded an amount of Rs. 12,18,660 as compensation along with interest at the rate of 6 per cent and fastened liability upon appellant insurance company to pay compensation.
2. Facts of the case, in brief, are that on 20.2.2010 at about 1.15 p.m. in the afternoon, non - applicant No. 1, driver of tractor - tanker bearing registration No. GJ 6 - Y 9518 (for short 'the offending vehicle') drove it in a rash
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