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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 140

Motor Accident - Compensation - Contributory negligence -Accident due to collusion between Jeep and Truck - Tribunal recorded finding that driver of the jeep was not driving Jeep rashly and negligently and he was not at fault - Tribunal further holding that accident occurred due to rash and negligent driving of Truck by its driver - High Court, reversing findings of Tribunal to fasten liability on Insurance Company - Question of negligence of the driver of vehicle is essentially a question of fact - High Court not assigning any such reason - High Court was required to assign sufficient and cogent reason - Order of the High Court not sustainable - Set aside.

Motor Vehicles Act,1988  - Section 166 , Section 140

Motor Accident - Compensation - Insurance - Liability of - Breach of policy terms qua absence of valid driving licence - MACT exonerated Insurance Company - Jeep collided with a Truck, causing death on the spot - Insurance Company alleging that, driver of Jeep was not having a valid driving licence - MACT exonerated the company from it as liability - No reason given by High Court and material not considered - Breach of terms of policy - Driver and owner liable to pay compensation of Rs. 3,12,000.

Topic(s)-Motor Accident Claim , Compensation , Breach of policy , Contributory Negligence , No valid Driving Licence