Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
SIVASANKARAN – Appellant
Versus
REJIN – Respondent
| Table of Content |
|---|
| 1. owner challenges insurance recovery after accident. (Para 1 , 2) |
| 2. legal sufficiency of lmv license for driving auto rickshaw. (Para 4 , 5) |
| 3. supreme court's conclusions on lmv and transport vehicle licensing. (Para 6 , 7 , 10 , 12) |
| 4. interpretation of transport vehicle licensing requirements. (Para 8 , 9) |
| 5. judgment's retrospective nature and its implications. (Para 11 , 13) |
JUDGMENT :
The owner of the vehicle is challenging the permission granted to the insurance company to recover the award amount from the owner and driver of the vehicle after payment of the amount to the claim petitioner.
2. The claim petitioner, who sustained injuries in an accident occurred on 27.02.2011, filed the petition under Section 166 of the Motor Vehicles Act, 1988 against the driver, owner and insurer of the autorickshaw involved in the accident and the Tribunal, as per the impugned award, recorded a finding that the accident occurred because of the negligence on the part of the driver of the auto rickshaw and since the driver of the auto rickshaw was having only a licence to drive Light Motor Vehicle (LMV), the Tribunal allowed pay and recovery in favour of the respondent insurance
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
