Gujarat High Court
Iffco Tokio Gen. Ins. Co. Ltd vs Kaljibhai Janabhai Rathva & on 22 January, 2014
Author: Harsha Devani
Bench: Harsha Devani
C/FA/3457/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO.3457 of 2013
With
FIRST APPEAL NO.3458 of 2013
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IFFCO TOKIO GEN. INS. CO. LTD....Appellant(s)
Versus
KALJIBHAI JANABHAI RATHVA & 1....Defendant(s)
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Appearance:
MR SUNIL PARIKH, ADVOCATE for MR AJAY R MEHTA, ADVOCATE for
the Appellant(s) No.1
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CORAM: HONOURABLE MS. JUSTICE HARSHA DEVANI
Date : 22/01/2014
COMMON ORAL ORDER
1. Mr. Sunil Parikh, learned advocate for Mr. Ajay Mehta, learned advocate for the appellant in each appeal has invited the attention of the court to the deposition of the Investigating Officer who was examined on behalf of the insurance company at Exh.53 to point out that the driver of the offending vehicle had been chargesheeted for driving the vehicle without any licence. Referring to the chargesheet, it was pointed out that the age of the driver was 19 years and that under sub-section (2) of section 4 of the Motor Vehicles Act, 1988, no person under the age of 20 years is permitted to drive a transport vehicle in a public place. It was submitted that the offending vehicle was a transport vehicle and as such, apart from the fact that the driver did not have a licence, even otherwise, he was not competent to drive a transport vehicle.
Page 1 of 2FIRST APPEAL/3457/2013 25/06/2014 10:58:17 AM C/FA/3457/2013 ORDER
2. Having regard to the submissions advanced by the learned advocate for the appellant, the court is of the view that the matters require consideration, hence, admit.
( Harsha Devani, J. ) hki Page 2 of 2 FIRST APPEAL/3457/2013 25/06/2014 10:58:17 AM