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1 - 4 of 4 (0.19 seconds)National Insurance Co. Ltd vs Sharda Devi And Others on 8 January, 2016
Mr. Rahul Kumar, learned counsel appearing on behalf of the
respondent No.6- Permanent Fincon Private Limited, the owner of the
offending vehicle bearing registration No. JH-10AU-0639 has submitted that
contention of the appellant-Bajaj Allianz General Insurance Co. Ltd. is not
tenable. Learned counsel has further submitted that under sub-section (28) of
Section 2 of the Motor Vehicle Act, 1988, JCB has been considered to be a
Motor Vehicle and the learned Tribunal has rightly placed reliance upon the
judgment passed by the Hon'ble Himanchal Pradesh High Court, Shimla in
the case of National Insurance Co. Ltd. Vs. Sharda Devi & Ors. reported in
2017 ACJ 181 and the judgment passed by the Hon'ble Delhi High Court in
the case of Bajaj Allianz General Insurance Co. Ltd. Vs. Ram Avtar Yadav
& Ors. reported in 2014 ACJ 2855 and thus the contention that JCB is not a
motor vehicle is completely misconceived the fact by the appellant-Bajaj
Allianz General Insurance Co. Ltd.
The Motor Vehicles Act, 1988
Bajaj Allianz General Insurance Co. ... vs Ram Avtar Yadav & Ors. on 1 May, 2013
Learned counsel for the respondent-owner has placed reliance upon
the issue No.5 decided at paragraph No. 13 of the impugned award and
submitted that the learned Tribunal after discussing all the materials and
exhibits has considered that the vehicle was duly insured at the time of
accident.
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