V.Arunkumar vs Chitra
2023 Latest Caselaw 4839 Mad

Citation : 2023 Latest Caselaw 4839 Mad
Judgement Date : 26 April, 2023

Madras High Court

V.Arunkumar vs Chitra on 26 April, 2023

                                                                                    CMA.No.23 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 26.04.2023

                                                         CORAM:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                                   CMA.No.23 of 2023 and
                                                    CMP.No.324 of 2023

                V.Arunkumar                                                           ... Appellant

                                                            Vs

                1.Chitra
                2.Arulmozhi
                3.Kanimozhi
                4.Udayakumari
                5.New India Assurance Company Ltd.,
                  Nagapattinam Represented by
                  Branch Manager,
                  Having his office at Neela South Street,
                  Nagapattinam Town, Taluk & Munsif                             ... Respondents



                PRAYER:
                           Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles
                Act, 1988 to set aside the pay and recovery direction issued against the
                appellant contrary to the provisions of Motor Vehicle Act.


                                   For Appellant       : Mr.V.Bharathidasan

                                   For Respondents
                                         For R5        : Mr.K.Thirunavukarasu

https://www.mhc.tn.gov.in/judis
                Page 1 of 6
                                                                                    CMA.No.23 of 2023

                                                      JUDGMENT

This appeal is filed against the order and decree dated

16.03.2020 passed in MCOP.No.29 of 2018 on the file of the Motor Accident

Claims Tribunal, Nagapattinam. The appeal is filed by the owner of the vehicle

challenging the order of the Tribunal directing the fifth respondent / insurance

company to satisfy the award and thereafter recover the same from the

appellant.

2. The parties are referred to as per their rankings before the Tribunal.

3. The accident, negligence and quantum are not disputed. The

appeal is filed against the direction of the Tribunal to pay and recover. As the

accident is not disputed the only short point for consideration in this appeal is

whether the owner is liable to pay the compensation amount to the fifth

respondent / insurance company on satisfaction of the award by it to the

claimants.

4. The learned counsel for the appellant submitted that the issue

raised in the appeal viz. whether a person with LMV license was competent to

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CMA.No.23 of 2023

drive a transport vehicle or omnibus, the gross vehicle weight of which did not

exceed 7500 kgs is squarely covered by the judgment of the Hon'ble Supreme

Court of India in the case of Mukund Dewangan Vs. Oriental Insurance Co.

Ltd. reported in 2017 (2) TN MAC 145 (SC). The Hon'ble Supreme Court of

India while answering the reference i.e. “Whether ‘transport vehicle’ and

‘omnibus’ the “gross vehicle weight” of either of which does not exceed 7500

kgs. would be a “light motor vehicle” and also motor-car or tractor or a road

roller, “unladen weight” of which does not exceed 7500 kgs. and holder of

licence to drive class of “light motor vehicle” as provided in section

10(2)(d) would be competent to drive a transport vehicle or omnibus, the

“gross vehicle weight” of which does not exceed 7500 kgs. or a motor-car or

tractor or road roller, the “unladen weight” of which does not exceed 7500

kgs.?” held as follows:

(ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, ‘unladen weight’ of which does not exceed 7500 kg. and holder of a driving licence to drive class of “light motor vehicle” as provided in section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the “unladen weight” of which does not exceed https://www.mhc.tn.gov.in/judis

CMA.No.23 of 2023

7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form.

(iv) The effect of amendment of Form 4 by insertion of “transport vehicle” is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of “light motor vehicle” continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect.

5. In the light of the judgment of the Hon'ble Supreme Court of

India, the contention of the appellant is accepted. The appeal is allowed and

clause (5) of the award of the Tribunal is set aside.

6. The learned counsel for the appellant submits that the appellant

has made the conditional deposit of Rs.25,000/- at the time of filing of the

appeal. The appellant is therefore permitted to withdraw Rs.25,000/- deposited

by him under proviso (1) of Section 173 of Motor Vehicles Act.

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CMA.No.23 of 2023

7. In the result, this appeal stands allowed. Consequently, connected

miscellaneous petition is closed. There shall be no order as to costs.

26.04.2023 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok