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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

The owner of a truck involved in a fatal accident challenged a tribunal's decision absolving the insurer of liability. The tribunal had reasoned that because the driver held only a licence for light motor vehicles and the truck was a light goods vehicle, the insurer was not liable. The Supreme Court, relying on settled law, held that transport vehicles under 7500 kg gross weight are 'light motor vehicles' and drivers with appropriate licences need no separate endorsement. Consequently, insurers cannot escape liability. The Court set aside the tribunal's order and held the insurer jointly and severally liable alongside the owner and driver for the accident compensation.

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Motor Vehicles Act Insurance Law Motor Accident Claims Liability of Insurer

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