Can't presume person competent to drive four wheeler also knows riding two wheeler: Delhi HC
New Delhi, Feb 15: The Delhi High Court has rejected the presumption of a Motor Accident Claims Tribunal that a man who is competent to drive a four wheeler cannot be expected to be incompetent to ride a two wheeler and allowed an insurance firm to recover money from an offending driver in an accident case.
The high court said it failed to appreciate as to how a person who can drive a four wheeler can be automatically presumed to be competent to ride a two wheeler as well.
"On the other hand, the skills required for driving a two wheeler are quite different from those required for driving a four wheeler. Driving a two wheeler would require balancing of the vehicle which would not at all be relevant for driving a commercial vehicle which is much larger in size.
"It appears that the trial court has failed to appreciate that under the Motor Vehicles Act, a light motor vehicle (LMV) and a two wheeler have been placed in two distinct categories. Merely because respondent no. 2 (driver) held a valid licence for a light motor vehicle could not imply that he was authorised or competent to drive a two wheeler," Justice Rekha Palli said.
The judge said the presumption of the Motor Accident Claims Tribunal (MACT) that a male who is competent to drive an LMV (commercial) could not be expected to be incompetent to drive a two wheeler, is in my view, wholly without any basis.
The high court set aside the award passed by the MACT where it had refused to grant recovery rights to the insurance company against the driver/ owner of a two-wheeler involved in an accident.
While rejecting the insurance company's contention that it was not liable to pay anything as the rider was not holding a valid licence to drive the two wheeler, the MACT had said that a male person who is competent to drive an LMV cannot be expected to be incompetent in driving a two wheeler.
In an appeal filed before the high court against the order of the tribunal, the insurance company argued that in view of the unrebutted testimony of the record clerk from the Sarai Kale Khan Transport Authority here, it was clear that the driver did not have a valid licence to drive a two wheeler, and thus, the terms and conditions of the insurance policy stood breached.
The high court said it was evident that the offending vehicle, a motor cycle was being driven by a person who did not have a driving licence and therefore, it was a clear case where there was a breach of the terms and conditions of the insurance policy.
Consequently, the finding of the tribunal that the insurance firm was liable to pay the compensation is "unsustainable" and is set aside, it said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Late flourish masks CSK’s batting woes on lively Chepauk track, hosts post 158/7
Chennai (PTI): Bowlers calling the shots in a format dominated by big hitters is a rarity, but that script played out at Chepauk on Sunday as Gujarat Titans exploited a lively, bounce-friendly surface to stifle Chennai Super Kings before the hosts managed a late flourish to reach 158 for 7.
On a pitch that offered sharp carry, stroke-making demanded discretion and adaptability. Instead, CSK’s batters often opted for high-risk shots without fully assessing conditions, and paid the price with a flurry of miscued dismissals.
Invited to bat, CSK never quite found rhythm but skipper Ruturaj Gaikwad’s maiden half-century (74 not out) of the current IPL season lent a semblance of respectability to the total in a season where 200-plus scores have become commonplace.
Gaikwad's knock came off 60 balls with six fours and four sixes after a laboured start.
The tone was set early by GT pacer Mohammed Siraj, who extracted steep bounce and forced errors.
Sanju Samson (11) began watchfully, negotiating the first over before opening up against Kagiso Rabada to bring up his 5000 IPL runs milestone. However, Rabada’s bounce soon accounted for him as a hard slash outside off resulted in a faint edge that Jos Buttler pouched safely.
The dismissal triggered a collapse. Urvil Patel (4) fell in the same Rabada over attempting an ambitious pull, while Sarfaraz Khan (0) succumbed to Siraj’s extra lift, mistiming a short ball to offer a simple catch.
At 28 for 3 inside the Powerplay, CSK were already in trouble.
Gaikwad and Dewald Brevis (2) needed to rebuild, but the latter’s impatience against spinner Manav Suthar led to his downfall, holing out after failing to get to the pitch of the ball.
The mounting wickets forced Gaikwad into a shell — an approach that, while understandable, further stalled the momentum. His reluctance to improvise allowed dot balls to pile up, with CSK reaching 50 only in the 12th over.
The skipper eventually broke free, taking on Arshad Khan and Jason Holder with a couple of towering sixes, but the acceleration came too late.
Shivam Dube, dropped thrice on 6, 11 and 22, struggled for fluency before Arshad cleaned him up.
Kartik Sharma (15) and Jamie Overton (18) provided late impetus with a few lusty hits, but the damage had already been done.
On a pitch that rewarded discipline and smart shot selection, Titans' bowlers executed their plans to perfection, while CSK’s batters failed to read the conditions in time, a lapse that ultimately defined the innings.
