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Supreme Court of India 2018-03-06 allowed

Jagdish Kumar Sood vs United India Insurance Co. Ltd. and Ors

Bench: 3 — D.Y. Chandrachud

In Brief

A husband died in a motor accident caused by a light goods vehicle. The Motor Accident Claims Tribunal awarded compensation but absolved the insurance company, holding that the driver lacked specific authorization to drive a transport vehicle. The Supreme Court reversed this, following its earlier decision in Mukund Dewangan. The Court held that a driving license for light motor vehicles authorizes driving transport vehicles of gross weight not exceeding 7500 kg without separate endorsement. Accordingly, the insurer cannot be absolved, and the Court imposed joint and several liability on the insurer, owner, and driver. Appeal allowed; no costs awarded."

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Motor Insurance Insurance Law Motor Vehicles Act Liability Insurance Accident Claims

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