AIROnline 2025 SC 601

(A) Motor Vehicles Act (59 of 1988) , S.149— Liability of insurer – Driver of the offending vehicle held a valid Light Motor Vehicle (LMV) license – Although the vehicle involved, a TATA 407 truck , was a commercial vehicle, its gross weight was 4995 kg, which did not exceed the 7500 kg limit – Thus, no special endorsement was required to drive such a commercial vehicle with an LMV license – However, insurer could not be held liable, as the risk was not covered due to non-payment of the relevant premium – Driver held a valid LMV license and was not liable – Although insurance policy was a “Liability Only Policy” and did not cover deceased a gratuitous passenger, the principle of “pay and recover” should have been applied – Insurance Company was directed to pay compensation and then recover it from the vehicle owner.
AIROnline 2022 MP 1305-Partly Reversed

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(B) Motor Vehicles Act (59 of 1988) , S.168— Compensation – Death claim – Deceased’s assessed monthly income at Rs.12,000 was correctly determined – Compensation under conventional heads-loss of estate, funeral expenses, and loss of….