Skip to content

Advocatetanmoy Law Library

Encyclopedia & Legal Research

Afghanistan Albania Algeria Andorra Angola Antigua & Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia & Herzegovina Botswana Brazil British V. Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Carrib. Netherlands Cayman Island Chile China Colombia Congo DRC Congo Republic Costa Rica Cote d’Ivoire Croatia Cuba Curaçao Cyprus Czechia Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El alvador Estonia Ethiopia Fiji Finland France French Polyn Gabon Georgia Germany Ghana Gibraltar Greece Grenada Guadeloupe Guam Guatemala Guernsey Guinea-Bissau Guyana Haiti Honduras Hong Kong Hungary Iceland India Indonesia Iran ​Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kosovo Kuwait Kyrgyzstan Laos Latvia Lebanon Liberia Libya Liechtenstein Lithuania Luxembourg Macao Madagascar Malawi Malaysia Maldives Mali Malta Martinique Mauritius Mexico Moldova Monaco Mongolia Montenegro Morocco Mozambique Myanmar/Burma Namibia Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria North Macedonia Northern Mariana Islands Norway Oman Pakistan Palestine Panama Papua New Guinea Paraguay Peru Philippines Poland Portugal Puerto Rico Qatar Réunion Romania Russia Rwanda Saint Lucia St Vincent & Grenadines Samoa Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Somalia South Africa South Korea Spain Sri Lanka St. Kitts & Nevis Sudan Suriname Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Togo Trinidad & Tobago Tunisia Turkey Turkmenistan UAE U.S. Virgin Islands Uganda Ukraine UK United States Uruguay Uzbekistan Vatican City Venezuela Vietnam Yemen Zambia

  • Home
    • SITE UPDATES
  • Constitutions
  • Dictionary
  • Law Exam
  • Pleading
  • Index
  • Notifications
  • Indian Law
  • Articles
  • Forum
  • Home
  • 2018
  • March
  • 13
  • Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors[ALL SC 2018 MARCH]
  • CIVIL

Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors[ALL SC 2018 MARCH]

3 min read

© Advocatetanmoy Law Library

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • More
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Skype (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
image_printPrint

KEYWORDS:-Motor Accident Claims-LIABILITY OF LIGHT WAIGHT VEHICLE-

c

DATE:-March 06, 2018-

The liability shall jointly and severally be fastened on the insurer, in addition to the owner and driver

ACTS:- Section 2(21) of the MV Act

SUPREME COURT OF INDIA

Jagdish Kumar Sood Vs. United India Insurance Company Ltd. and Ors.

[Civil Appeal No 240 of 2017]

Dr D Y CHANDRACHUD, J

1. The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third respondent. The claim arose from the death of the husband of the claimant on 4 January 2009 as a result of an accident caused by a collision with an offending truck. The Tribunal awarded an amount of Rs 4,08,000 together with interest at 6 per cent per annum. In an appeal filed by the third respondent the High Court enhanced the compensation to Rs 8,04,000. Interest @ 7.5 per cent per annum was awarded on the enhanced compensation.

2. The Tribunal absolved the insurer on the ground that the vehicle involved in the accident was a Light Goods Vehicle. The driver had a licence to drive the Light Motor Vehicle. The Tribunal held that in the absence of a specific authorization to drive a transport vehicle, the liability could not be fastened on the insurer. The Tribunal directed the insurer to pay in the first instance and allowed it to recover the compensation from the driver and the owner. The present appeal has been filed by the owner.

3. The High Court, while enhancing the compensation did not interfere with the order of the Tribunal absolving the insurer.

4. The issue which arises before the Court is not res integra and is covered by a judgment of a three Judges of this Court in Mukund Dewangan v Oriental Insurance Company Limited in which it has been inter alia held as follows:

“60.1. “Light motor vehicle” as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Sections 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act 54 of 1994.” (Id at page 709)

“60.2. A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg would be a light motor vehicle and also motor car or tractor or a roadroller, “unladen weight” of which does not exceed 7500 kg and holder of a driving licence to drive class of “light motor vehicle” as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg or a motor car or tractor or roadroller, the “unladen weight” of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-3-2001 in the form.” (Id at page 710)

5. Having regard to the above position, the Civil Appeal will have to be allowed.

6. The appeal is allowed, the order of the Tribunal absolving the insurer shall accordingly stand set aside. The liability shall jointly and severally be fastened on the insurer, in addition to the owner and driver. There shall be no order as to costs.

CJI [DIPAK MISRA]

J [A M KHANWILKAR]

J [Dr D Y CHANDRACHUD]

New Delhi;

March 06, 2018

image_printPrint

Related

Tags: Motor Accident Claim

Continue Reading

Previous: Dwarika Prasad Vs. State of Uttar Pradesh and Ors.[ALL SC 2018 MARCH]
Next: S. Thangaraj Vs. National Insurance Company Ltd. represented by the Branch Manager[ ALL SC 2018 MARCH]

Updates

U.S strategy towards sub-saharan Africa-08/08/2022 USA 1

U.S strategy towards sub-saharan Africa-08/08/2022

Epistle of Epicurus to Herodotus (260BCE) 2

Epistle of Epicurus to Herodotus (260BCE)

Will of Epicurus (270 BCE) 3

Will of Epicurus (270 BCE)

Epicurus and his 40 Doctrines (300 BCE) 4

Epicurus and his 40 Doctrines (300 BCE)

Legal and Social Doctrines legal article 5

Legal and Social Doctrines

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation Home-ministry 6

National Hydrogen Mission in 2021 to develop Hydrogen as a fuel for transportation

Indian DIKSHA platform for providing quality e-content for school education in States/UTs Government of india 7

Indian DIKSHA platform for providing quality e-content for school education in States/UTs

CONSTITUTION IPC CRPC CPC EVIDENCE DV POCSO IT IP TP JUVENILE CONTRACT SPECIFIC RELIEF CONSUMER ARBITRATION COMPANY LIMITATION FAMILY LAWS POLLUTION CONTROL BANKING INSURANCE

DOCUMENTS GLOSSARIES JUDGMENTS

  • E-Books 2022  More Documents

Search Google

  • BIBLIOGRAPHY
  • HISTORY
  • PHILOSOPHY
  • RELIGION
  • HINDU LAW
  • HUMAN RIGHTS
  • ENVIRONMENT
  • MEDICAL
  • MUSLIM LAW
  • Contact Us
  • About
  • Disclaimers
  • RSS
  • Privacy Policy
  • Forum
© Advocatetanmoy by Law library.
 

Loading Comments...
 

You must be logged in to post a comment.