National Insurance Co. Ltd vs Kasambu
2021 Latest Caselaw 10745 Mad

                                                                               C.M.A.No.1164 of 2012


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 27.04.2021

                                                     CORAM

                                   THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                              C.M.A.No.1164 of 2012
                                               and M.P.No.1 of 2012


                    National Insurance Co. Ltd.,
                    Mydhily Mandiram
                    Janatha Junction
                    Palarivattom
                    Kochi 682 025.                                               ... Appellant
                                                       -vs-

                    1.Kasambu
                    2.Dharmaraj
                    3.Jayaprakash
                    4.Chinnammal
                    5.Saleem                                                   ... Respondents


                    PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the

                    Motor Vehicles Act, against the Judgment and Decree dated 07.07.2011

                    made in M.C.O.P.No.494 of 2005 on the file of the Motor Accident Claims

                    Tribunal (Additional District Judge and Special Judge for E.C.Act Cases) at

                    Salem.




                    1/6

https://www.mhc.tn.gov.in/judis/
                                                                                   C.M.A.No.1164 of 2012




                                          For Appellant      : Mrs.R.Sreevidhya

                                          For Respondents : Mr.S.P.Yuvaraj for R1 to R3
                                                            R5 - Exparte

                                                       *********

                                                    JUDGMENT

This Civil Miscellaneous Appeal has been filed against the Judgment

and Decree dated 07.07.2011 made in M.C.O.P.No.494 of 2005 on the file

of the Motor Accident Claims Tribunal (Additional District Judge and

Special Judge for E.C.Act Cases) at Salem.

2. For the sake of convenience, the parties are referred to hereunder

according to their litigative status before the Tribunal.

3. The learned counsel for the second respondent contended that the

driver of the lorry, owned by the first respondent, had driven in a rash and

negligent manner and caused accident, due to which the deceased died and

the claimant filed the claim petition.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1164 of 2012

4. The case of the second respondent is that the vehicle classified as

heavy goods motor vehicle for the purpose of carrying hazardous goods and

as such, the driver should possess the license with special endorsement for

driving the said vehicle. The R.W.2 / the Motor Vehicle Inspector

categorically deposed that the vehicle owned by the first respondent is

classified for the purpose of carrying hazardous goods. Therefore, the

Tribunal ought to have ordered for pay and recovery from the first

respondent, since the driver did not possess the valid license to drive the

goods vehicle which carries hazardous goods.

5. A perusal of the deposition of R.W.2 revealed that the vehicle

owned by the first respondent is classified for the purpose of carrying the

hazardous goods. Therefore, the driver should possess the license with

specific endorsement to drive the vehicle which is used for the purpose of

carrying hazardous goods. Admittedly, the driver of the lorry owned by the

first respondent did not possess any license to drive the vehicle which

carried hazardous goods. The driver possessed the driving license to drive

heavy goods motor vehicle. The driving license was marked as Ex.R2 and

it has no endorsement for carrying hazardous goods. Therefore, the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1164 of 2012

Tribunal failed to order for recovery of award amount from the first

respondent.

6. In the result the Civil Miscellaneous Appeal is partly allowed as

follows:-

(i) The first respondent is liable to pay compensation as awarded by

the Tribunal and as such, the second respondent is directed to pay the

compensation to the claimants with liberty to recover the same from the

first respondent in the manner known to law.

(ii) The award amount will carry interest at the rate of 7.5% per

annum from the date of the claim petition till the date of deposit.

(iii) The first respondent is directed to deposit the award amount,

less the amount, if any already deposited, along with accrued interest,

within a period of six weeks from the date of receipt of a copy of this

Judgment.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1164 of 2012

(iv) On such deposit, the appellant is permitted to withdraw the

amount awarded as above, by filing a proper application before the

Tribunal.

(v) There shall be no order as to costs. Consequently, connected

miscellaneous petition is closed.

                                                                                     27.04.2021
                    Speaking/Non-speaking order
                    Index     : Yes/No
                    Internet : Yes/No
                    rna

                    To

1.The Additional District Judge and Special Judge Motor Accidents Claims Tribunal, Salem.

2.The Section Officer, V.R.Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1164 of 2012

rna

C.M.A.No.1164 of 2012 and M.P.No.1 of 2012

27.04.2021

https://www.mhc.tn.gov.in/judis/