The Branch Manager vs A. Thangavel
2021 Latest Caselaw 12644 Mad

                                                                              CMA No.2878 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 29.06.2021

                                                       CORAM:

                                   THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

                                                 CMA No.2878 of 2015
                                                        and
                                                   MP No.1 of 2015


                     The Branch Manager,
                     The New India Assurance Co. Ltd.,
                     83, TSR Big Street,
                     Kumbakonam & Munsifi                               ...   Appellant
                                                 Versus
                     1.A. Thangavel
                     2. M.Iyyappan                                      ...   Respondents


                           Civil Miscellaneous Appeal filed under Section 173 of the Motor
                     Vehicles Act against the judgment and decree made in MACTOP No.47
                     of 2014 on the file of the Motor Accidents Claims Tribunal (Chief
                     Judicial Magistrate) at Thiruvarur dated 21.01.2015.

                               For Appellant          : Mr. S.M.Krishnamoorthy
                               For Respondents        : Mr.P.Thiyagarajan for R1
                                                        R2 - Died - steps due


                                                      JUDGMENT

(Heard Video Conference)

This appeal has been filed by the Insurance Company challenging

its liability under the impugned award dated 21.01.2015 passed by the https://www.mhc.tn.gov.in/judis/

CMA No.2878 of 2015

Motor Accident Claims Tribunal (Chief Judicial Magistrate) at

Thiruvarur in MACTOP No.47 of 2014.

2. The only ground raised by the appellant / Insurance Company

while challenging the impugned award is that the Driver of the vehicle,

who caused the accident was not possessing a valid Driving Licence.

4. Heard Mr.S.M.Krishnamoorthy, learned counsel for the

appellant / Insurance Company and Mr.P.Thiyagarajan, learned counsel

for the 1st respondent.

5. This Court has perused the materials and evidence available on

record before the Tribunal.

6. Before the Tribunal, the respondents / claimants have filed ten

documents, which were marked as Exs. P1 to P10 and two witnesses

were examined on their side viz., PW1, the 1st respondent / claimant

himself and Dr.Ramachandran, who examined him as PW2. On the side

of the appellant / Insurance Company two documents were filed viz., the

Insurance policy copy as Ex.R1 and Learner's licence copy as Ex.R2 and https://www.mhc.tn.gov.in/judis/

CMA No.2878 of 2015

one witness was examined on their side viz., Kannan, their official as

RW1.

7. Admittedly, as seen from the evidence available on record, the

Learner's Licence of the Driver of the vehicle has been marked as Ex.R2.

It is now settled law that as per the decision of the Hon'ble Supreme

Court in the case of Mukund Dewangan versus Oriental Insurance

Company Limited reported in 2016 4 SCC 298, the Learner's licence to

drive the Light Motor Vehicle is a valid and effective licence for the

purpose of claiming compensation involving a Light Motor Vehicle like

that of an Autorickshaw. The Hon'ble Supreme Court has also held that

for such a Light Motor Vehicle, a separate badge endorsement is not

required.

8. In the case on hand, the copy of the Learner's licence of the

Driver of the vehicle has been marked as Ex.R2 and therefore, the

claimant has satisfied the requirements as laid down in the decision of

the Hon'ble Supreme Court in the case of Mukund Dewangan referred to

supra. Therefore, this Court is of the considered view that there is no

merit in this appeal and accordingly, the Civil Miscellaneous Appeal is

dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

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

CMA No.2878 of 2015

9. The appellant / Insurance Company is directed to deposit the

entire award amount awarded by the Tribunal together with interest at

7.5% p.a. from the date of claim petition till the date of realization, less

the amount, if any, already deposited to the credit of MACTOP No.47 of

2014 on the file of the Motor Accidents Claims Tribunal (Chief Judicial

Magistrate) at Thiruvarur, within a period of eight weeks from the date of

receipt of a copy of this Judgment. On such deposit being made, the

Tribunal is directed to transfer the award amount directly to the bank

account of the first respondent / claimant, through RTGS, within a period

of two weeks thereafter.

29.06.2021 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2

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

CMA No.2878 of 2015

ABDUL QUDDHOSE, J.

vsi2 To

1.The Chief Judicial Magistrate, Tiruvarur.

2. The Section Officer, V.R. Section High Court of Madras, Chennai - 104.

CMA No.2878 of 2015

29.06.2021

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