Owner of the offending vehicle vs Insurance company

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Table of Content
1. authorization required for heavy goods vehicle operation. (Para 1)
2. arguments pertaining to driver’s license validity. (Para 2 , 5 , 12 , 13)
3. court's consideration of insurance liability. (Para 9 , 10)
4. licensing amendments broadened vehicle operation authority. (Para 11 , 15 , 16 , 17)
5. outcome of the appeal and compensation responsibility. (Para 19 , 20)

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 fallin

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2023 Supreme(Online)(Gau) 7407

TRIPURA HIGH COURTS. G. Chattopadhyay, J.Owner of the offending vehicle – AppellantVersusInsurance company – Respondent

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