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NATIONAL INSURANCE COMPANY LTD. vs. ANNAPPA IRAPPA NESARIA AND ORS.

SCR Citation: [2008] 1 S.C.R. 1061
Year/Volume: 2008/ Volume 1
Date of Judgment: 22 January 2008
Petitioner: NATIONAL INSURANCE COMPANY LTD.
Disposal Nature: Appeal Dismissed
Neutral Citation: 2008 INSC 82
Judgment Delivered by: Hon'ble Mr. Justice S.B. Sinha
Respondent: ANNAPPA IRAPPA NESARIA AND ORS.
Case Type: CIVIL APPEAL /574/2008
Order/Judgment: Judgment
1. Headnote

Central Motor Vehicles Rules, 1989 -r.14 -Form 4 -Driving licence -Validity of -Matador Van having 'goods carriage' permit met with accident in 1999 resulting in death of a person -Contention raised by insurance company that driver of the offending vehicle did not possess effective driving licence since he only had a licence to drive a light motor vehicle -Tenability of - Held: Not tenable - Prior to amendment carried out in Form 4 w.e.f. 23-8-2001, a "light motor vehicle" covered both 'light passenger carriage vehicle' and 'light goods carriage vehicle', hence, person holding licence to drive a light motor vehicle was authorised to drive a light goods vehicle as well - Since the said amendment had prospective operation, licence held by driver of the vehicle in question cannot be said to be invalid in law - Motor Vehicles Act, 1988- ss.2(21), 2(16) and 2(23).

2. Case referred
3. Act
  • Motor Vehicles Act, 1988 (59 of 1988)
  • Motor Vehicles Rules (0 of 1989)
4. Keyword
  • Central Motor Vehicles Rules
  • 1989 -r. 14
5. Equivalent citation
    Citation(s) 2008 AIR 1418 = 2008 (3) SCC 464 = 2008 (3) Suppl. SCC 464 = 2008 (1) JT 617 = 2008 (1) Suppl. JT 617 = 2008 (1) SCALE 642