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IN THE HIGH COURT OF HIMACHAL PRADESH
Jagdish Bhalla, CJ, Deepak Gupta, J, Surinder Singh, J
Baldasi – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. accident details and claim initiation process. (Para 1 , 2 , 3) |
| 2. conflicting interpretations of licence requirements. (Para 4 , 5) |
| 3. legal need for endorsement clarified. (Para 6 , 7) |
| 4. definitions and classifications of vehicles. (Para 10 , 11) |
| 5. final determination based on apex court judgments. (Para 22 , 25) |
1. This appeal under S.173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') arises out of the award passed by the learned Motor Accidents Claims Tribunal, Kullu (for short 'the Tribunal') in Claim Petition No. 6 of 1996; decided on 28.11.1997.
2. The material facts are that a Maruti van, admittedly registered as a taxi, bearing registration No. HP 02-4181. This taxi was being driven by its driver Sunil Kumar on 10.6.1995. At about 8 a.m. this taxi hit the petitioner, Baldasi. The taxi was insured with Oriental Insurance Co. Ltd. Baldasi filed a claim petition under S.166 of the Act. The factum of the accident was not denied. However, according to the owner the accident had occurred due to negligence of the claimant herself. In the alternative it was pleaded that since the vehicle was insured with the insurance company the liability, if any,
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