New India Assurance Co.Ltd vs Roshanben Rahemansha Fakir & Anr

The Supreme Court upheld the decision of the Gujarat High Court, affirming that the driver of a three-wheeler, despite lacking a valid driving license for a transport vehicle, was covered under the insurance policy as the vehicle was classified as a goods carrying public carrier under Rule 51 of the Central Motor Vehicles Rules, 1989. The Court clarified that the classification of the vehicle as a transport vehicle is consistent with the notifications issued under Section 41 of the Motor Vehicles Act, 1988. The appeal was dismissed, confirming the liability of the insurance company to reimburse the claimants.