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1 - 8 of 8 (3.45 seconds)The Manager, M/S. Icici Lombard General ... vs Mainuddin on 5 January, 2015
16- ICICI Lombared General Insurance Co. Ltd. Vs. Mainuddin, I
(2015) CPJ 328 (NC) esa ekuuh; jk"Vªh; vk;ksx }kjk ;g fu/kkZfjr fd;k
x;k gS fd%&
"8.
Oriental Insurance Co.Ltd vs Angad Kol & Ors on 18 February, 2009
Co. Ltd. V. Angad Kol & Ors., referred Sri
Annappa Irappa Nesaria case and observed that from 28.03.2001,
amendment has been carried out in Motor Vehicle Act and there is
distinction between light motor vehicle and a transport vehicle and
ultimately held that respondent was not holding valid and effective
driving licence for driving goods vehicle which amounted to breach of
conditions of the insurance policy as in the aforesaid case driver of the
vehicle was holding licence to drive light motor vehicle . In the case in
// 14 //
hand also driver of the vehicle was holding licence to drive LMV non-
transport and as at the time of accident he was driving goods vehicle,
licence held by him was not valid driving licence for driving goods
vehicle. To drive a transport vehicle licence is issued for 3 years,
whereas for driving light motor vehicle, licence is issued for 20 years.
Licence issued to driver Gulappa Hadpad which was valid from
20.09.2004 to 19.09.2024, but he was not permitted to drive Transport
Vehicle.
New India Assurance Co.Ltd vs Roshanben Rahemansha Fakir & Anr on 12 May, 2008
Hon'ble Apex Court in IV (2008) ACC 759 (SC)=C.A. No.
3496 of 2008- New India Assurance Co. Ltd. v. Roshanben
Rahemansha Fakir & Anr., also referred Sri Annappa Irappa
Nesaria case and observed that light motor vehicle would not include
light transport vehicle and on that basis, order allowing claim against
Insurance Company was set aside."
Reliance General Insurance Co. Ltd. vs Jivabhai Maldebhai Godhaniya on 9 May, 2017
// 12 //
We are sure that you would appreciate our stand that payment
of any claim has to be in accordance with the conditions and provision
of the policy issued. While expressing our inability to pay this claim
due to the above mentioned-mentioned reasons, we reiterate our
commitment to pay all admissible claim fairly and promptly."
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vuqlkj MªkbZoj jRFkw iz'uk/khu okgu dks pykus gsrq vf/kd`r FkkA
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13 2011 0004539 gS vkSj tks fd ,y- ,e- Ogh-] ,e- lh- MCY;w- th- ds
fy, tkjh fd;k x;k gSSA [email protected] }kjk tks eksVj
¼QkbZuy½ losZ fjiksVZ ¼nLrkost dz-1½ izLrqr fd;k x;k gS mlesa Hkh
MªkbZfoax yk;lsal ds laca/k esa lR;kiu fd;s tkus ij mls ,y- ,e- Ogh-
yk;lsal ik;k x;k gSA
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lfVZfQdsV vkWQ jftLVsª'ku ¼,usD'pj&5½ esa okgu ,y- th- Ogh- ¼Light
Goods Vehicle½ vafdr fd;k x;k gS] tcfd izLrqr izdj.k esa pkyd jRFkw
ds MªkbZfoax yk;lsal esa dsoy ,y- ,e- Ogh-] ,e- lh- MCY;w- th- mYysf[kr
gSA
// 13 //
15- Reliance General Insurance Co. Ltd. Vs. Jivabhai Maldebhai
Godhaniya III (2017) CPJ 1 (NC), esa ekuuh; jk"Vªh; vk;ksx }kjk ;g
fu/kkZfjr fd;k x;k gS fd%&
"15. ...........it is abundantly clear that the vehicle in question was a
commercial vehicle, but the person who was driving the vehicle at the
time of the accient, did not have a valid an effective licence to drive the
same. Considering the distinct requirments laid down in The Motor
vehicles Act, 1988 and The Central Motor Vehicles Rules, 1989 about
the grant of licence for commercial vehicles, it is clear that the holder of
the LMV licence had no authority to drive the commercial vehicle
without proper endorsement from the concerned transport authority."
The Central Motor Vehicles Rules, 1989
Section 15 in The Motor Vehicles Act, 1988 [Entire Act]
New India Assurance Co. Ltd vs Musharaf Alam on 25 April, 2007
18- New India Assurance Co. Ltd. Vs. Musharaf Alam II (2012) CPJ
55 (NC); esa ekuuh; jk"Vªh; vk;ksx }kjk ;g fu/kkZfjr fd;k x;k gS fd%&
"10. .....................................the driver of the Respondent did not
have a valid licence at the time of accident and this is clearly a
violation of the terms and conditions of the insurance policy as also
Section 15 of the Motor Vehicles Act. These are sufficient grounds on
which the claim can justifiably be repudiated."
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