JKM GLOBAL SERVICES LLP
2023-Oct-12
The Delhi High Court while setting aside the finding of the Tribunal that the appellant was liable to pay the compensation has held that the presumption of the Tribunal that a male who is competent to drive a Light Motor Vehicle (Commercial) could not be expected to be incompetent to drive a two wheeler, is wholly without any basis. The Court expressed apprehension as to how a person who can drive a four wheeler can be automatically presumed to be competent to drive a two wheeler as well. On the other hand, the skills required for driving a two wheeler are quite different from those required for driving a four wheeler.
The Court further held that the Tribunal has failed to appreciate that under the Motor Vehicles Act, a Light Motor Vehicle and a Two Wheeler have been placed in two distinct categories. Merely because Respondent no. 2 held a valid licence for a Light Motor Vehicle could not imply that he was authorised or competent to drive a two wheeler.
HDFC Ergo General Insurance Co. Ltd versus Bindu Paswan & Anr
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