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2016 Supreme(Online)(Kar) 11

KARNATAKA HIGH COURT
Anand Byrareddy, J.
National Insurance Co. Ltd. v. Gangadhar and Another


1. These appeals are heard and decided by this common judgment having regard to common questions, albeit with some variation, that arise for consideration.
The questions are:
(a) Whether a driver possessing a licence to drive a light motor vehicle (non - transport), having caused an accident while driving a light goods vehicle (or a medium, or a heavy goods vehicle, or a passenger carrying commercial vehicle) would yet attract the liability of the insurer to meet a claim for compensation by a victim or his representatives?
(b) Whether a driver possessing a licence to drive a transport vehicle, but which had expired on the date of accident, but had been subsequently renewed, would attract the insurer's liability?
(c) Whether the above questions are any longer res integral

2. After having heard the learned counsel, Mr. S.K. Kayakamath and Mr. Ravindra R. Mane, appearing for the respective appellants, and Mr. Dinesh M. Kulakami, Mr. V. Shivaraj Hiremath, Mr. S. M. Kalwad, Mr. Ganapati M. Bhat, Mr. Laxman T. Mantagani, Mr. M.M. Hiremath, Mr. Rajashekhar R. Gunjalli and Mr. Hanumanthareddy Sahukar, appearing for the respective respondents, it is convenient to take stock of the legal provisi

































































































































































































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