Facts:
Purnya Kala (petitioner) was a passenger in a truck that met with an accident on October 12, 1994. Purnya Kala suffered injuries and claimed compensation under Section 166 of the Motor Vehicle Act, 1988. The Claims Tribunal awarded compensation, but the High Court of Orissa set aside the award, holding that Purnya Kala was not a licensed driver and therefore not entitled to compensation.
Relevant Sections:
1. Motor Vehicle Act, 1988
- Section 166 (application for compensation)
- Section 168 (award of compensation)
2. Motor Vehicles Rules, 1989
- Rule 233 (eligibility for compensation)
Issues Raised:
1. Whether a claimant's lack of a driving license disentitles them to compensation under Section 166 of the Motor Vehicle Act, 1988?
2. Whether the High Court of Orissa erred in setting aside the Claims Tribunal's award?
Judgment:
The Supreme Court held that a claimant's lack of a driving license does not disentitle them to compensation under Section 166 of the Motor Vehicle Act, 1988. The High Court of Orissa erred in setting aside the Claims Tribunal's award. The Supreme Court restored the Claims Tribunal's award, directing the insurance company to pay compensation to Purnya Kala.
Citation:
Purnya Kala v. State of Orissa case summary, (2001) 7 SCC 463, AIR 2001 SC 2777
Maihar Sundaram Singh
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