Judgment · High Court · 2012
Case at a glance
- Decided
- 17 Apr 2012
Outcome
Disposed of
the appeal is disposed of in the following
Provisions considered
- Motor Vehicles Act, 1988 ss. 2(47), 173
Judgment
Mr. Asgar Hussain, advocate for applicant Mr. D.N. Kukday, advocate for R-1. Mr. S.H. Shahid, h/f R.S. Akbani, advocate for respondent : CORAM DATED : 17.4.2012. . M.N. GILANI, J This is an appeal under section 173 of the Motor Vehicles Act 1988, challenging the order dated 21.9.2010 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.739/2009, whereby the learned Tribunal directed respondent no.3 herein to satisfy the no-fault-liability award on account of death of Vinod Nikhare occurred in a motor vehecular accident on
23.6.2009. The motor vehicle bearing Registration No. MH-10-Z-6808 [Tata-207] was involved in the accicent which was 170412FA196.11 .odt 2 driven by respondent no.1. Before the Tribunal the driving licence of the said driver was produced. On that basis, the learned Tribunal held that the driver was authorised to drive light motor vehicle, whereas the motor vehicle involved in the accident was a goods carrying vehicle/ transport vehicle, as defined under section 2(47) of the Motor Vehicles Act
Operative part
1988. The learned counsel for the appellant relied upon the decision in case of Ashok Gangadhar Maratha ..vs.. Oriental Insurance Company [2000(1) TAC 98]. In that case the driver was authorised to drive light motor vehicle, whereas the vehicle involved in an accident was a transport vehicle. Instead of finally resolving the controversy involved in this appeal, it seems appropriate to keep open, to be decided by the Tribunal while deciding the claim petition finally. In that view of the matter, 170412FA196.11 .odt 3 the appeal is disposed of in the following terms: A] Findings recorded by the learned Tribunal absolving the insurance company is quashed and set aside B] Instead of deciding the application under section 140, the learned Tribunal shall proceed to dispose of the main claim petition within three months from the date of this order by addressing all the issues including the issue of breach of terms of insurance policy on account of driver not possessing valid driving licence. There shall be no order as to costs. Registry to transmit this order to the Tribunal concerned. JUDGE SMP
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the appeal is disposed of in the following
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — ss. 2(47), 173.
Which court decided this case, and when?
Bombay High Court, on 17 Apr 2012.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.