Motor vehicles act

Rahul Singh (Querist) 08 August 2011 This query is : Resolved
I am appearing for Insurance Co.Car that was insured was parked on left side of road was hit by a motor-cyclist and injured, case was made against the car driver.Driver of car was not having valid D/L.Now I want a ruling on the point that even if the car was stationary/parked there is breach of policy condition with respect to D/L.Please respond immediately as the matter is for Arg. tomorrow.

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Swami Sadashiva Brahmendra Sar (Expert) 09 August 2011
In this case it is irrelevant as to whether car was being driven or parked at road side. It was parked by a person who had no driving license, hence, insurance company is not liable.

Advocate Rajkumarlaxman (Expert) 09 August 2011
i garee with our expert V N TripatHi

K.S.Srinivas (Expert) 09 August 2011
I agree with Dr.Tripathi

Raj Kumar Makkad (Expert) 09 August 2011
If car was parked and stationed wherein there was no person present there then car driver who so ever he may be is not faulty so far as accident is concerned so plea of insurance company should also include this fact and no claim petition is maintainable as filed.

M/s. Y-not legal services (Expert) 10 August 2011
Nice query.. Have to work out. Please don't resolve this query sir.. I will back.

Rahul Singh (Querist) 10 August 2011
need a ruling on the specified point?

Motor vehicles act

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