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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 1731 of 2006

PETITIONER:

National Insurance Co. Ltd.

RESPONDENT:

Kusum Rai & Ors.

DATE OF JUDGMENT: 24/03/2006

BENCH:

S.B. Sinha & P.K. Balasubramanyan

JUDGMENT:

J U D G M E N T

(Arising out of SLP(C) No.14306 of 2003)

S.B. SINHA, J :

Leave granted.

Respondent No. 3 herein is owner of a jeep bearing registration No.

BR 03 P 9011. The said vehicle admittedly was being used as a taxi and,

thus, a commercial vehicle. One Ram Lal was working as a Khalasi in the

said taxi. He used to drive the said vehicle sometimes. He had a driving

licence. Driving licence, however, was granted to him for driving a Light

Motor Vehicle. The said taxi met with an accident on 14.8.2000 at about 1

p.m. as a result whereof a girl aged about 12 years, Km. Anjali Rai, died.

On an allegation made in that behalf that the said taxi was being

driven rashly and negligently by the aforementioned Ram Lal, a claim

petition in terms of Sections 163A and 166 of the Motor Vehicles Act, 1988

(for short "the Act") was filed by the First and the Second Respondents

herein. The said taxi admittedly was in