Headnote
AI-drafted · Reviewed and approved
The appellant, owner of Truck No. GJ-12-Z-2766, challenged the judgment and award dated 9.3.2021 passed in Motor Accident Claim Petition No.370 of 2014 by the Motor Accident Claims Tribunal, Kachchh at Bhuj, and the subsequent rejection of Review Application No.6 of 2021. The Tribunal had exonerated the insurance company and directed pay and recovery from the appellant on the ground that the driver's valid and effective driving licence was not produced on record.
The appellant contended that despite an application (Exh. 44) moved by the insurance company directing production of the driving licence, no notice was formally issued to the driver or owner, and the insurance company filed a closing purshis immediately after the order, preventing compliance. The insurance company countered that since advocates were on record, no separate notice was required, and the failure to produce the licence justified exoneration.
The High Court noted the relevance of Sections 134, 158, 159, and 166(4) of the Motor Vehicles Act, 1988, and the obligations of police officers and Tribunals in obtaining accident information and driving licence details, reminding the Tribunal of its duties under these provisions in adjudicating motor accident claims.
Catchwords:
motor accident claim · driving licence · pay and recover · exoneration of insurer · review application · Motor Vehicles Act · accident information report · Section 158 · Section 159 · Section 166
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