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2023 Supreme(Online)(Gau) 7407

TRIPURA HIGH COURT
S. G. Chattopadhyay, J.
Owner of the offending vehicle – Appellant
Versus
Insurance company – Respondent


Advocates:
For the Appellants/Petitioners: Mr. S. Lodh
For the Respondents: Mr. A. Gan Chowdhury

1. The short question which arises for consideration in this appeal is whether possessor of a licence to drive a non - transport light motor vehicle (LMV NT) as well as transport vehicle (trans) is authorised to drive a heavy goods vehicle.

2. Heard Mr. S. Lodh, learned counsel appearing for the appellant. Also heard Mr. A. Gan Chowdhury, learned counsel appearing for the respondent insurance company. Despite service of notice, original claimants did not turn up.

3. Factual context of the case is as under:
Pabitra Debbarma died in a road accident which occurred at Longtharai Hill, Ambassa on 20.8.2012 at about 4 o'clock in the afternoon. Offending truck bearing registration No. NL 01 - K 1263 was on its way from Manu to Ambassa. The deceased was an assistant of the vehicle. He received fatal injuries by falling on the road from the vehicle. Immediately, he was taken to Kulai Hospital where he succumbed to his injuries. After the matter was reported to police, Ambassa P. S. Case No. 54 of 2012 under S.279 and S.304 - A, IPC was registered. In police investigation, accused driver of the vehicle was found guilty and charge - sheet was laid against him for having committed offence punisha













































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