National Insurance Company ... vs R.Gayathri
2023 Latest Caselaw 13901 Mad

                                                                     C.M.A.(MD)No.925 of 2012


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 13.10.2023

                                                   CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          C.M.A.(MD)No.925 of 2012

                                                        and

                                             M.P.(MD)No.2 of 2012


                    National Insurance Company Limited,
                    Zerome Building, I Floor,
                    Fort Station Road,
                    Tiruchirappalli-2.                               ... Appellant


                                                        Vs.


                    1.R.Gayathri

                    2.Minor.R.Kavusik Pirabu,
                      (Minor R2 is represented by his
                       mother & natural guardian/
                       1st respondent)

                    3.P.Ramdoss

                    4.N.Ganesan

                    5.D.Saroja

                    6.P.Duraisamy                                    ... Respondents


                    1/5
https://www.mhc.tn.gov.in/judis
                                                                               C.M.A.(MD)No.925 of 2012


                    PRAYER: Civil Miscellaneous Appeal filed under section 173 of the
                    Motor Vehicles Act, 1988, to set aside the judgment and decree passed by
                    the Motor Accident Claims Tribunal, III Additional Sub Court,
                    Tiruchirappalli in M.C.O.P.No.581 of 2008 dated 25.02.2011.

                                          For Appellant      : Mr.D.Siva Raman

                                          For R-1 & R-5      : Mr.N.Sudhagar Nagaraj



                                                          ORDER

The present Civil Miscellaneous Appeal is filed, to set aside the

judgment and decree passed by the Motor Accident Claims Tribunal, III

Additional Sub Court, Tiruchirappalli in M.C.O.P.No.581 of 2008 dated

25.02.2011.

2.Heard the learned Counsel appearing for the appellant, the learned

Counsel appearing for the respondents 1 and 5 and perused the materials

available on record.

3. The learned Counsel appearing for the appellant has submitted

that the driver of Ambulance did not have valid license to drive the

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.925 of 2012

vehicle, hence the appellant is not liable to pay compensation to the

claimants. The driver was entitled to drive only non-commercial light

motor vehicle.

4. This Court is of the considered opinion that the vehicle involved

in the accident was an ambulance which is classified under LMV vehicle.

Therefore, nothing survives for adjudication in this Civil Miscellaneous

Appeal.

5. Hence, this Civil Miscellaneous Appeal is closed. There shall be

no order as to costs. Consequently, connected Miscellaneous Petition is

closed.

13.10.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.925 of 2012

To

The Motor Accident Claims Tribunal, III Additional Sub Court, Tiruchirappalli.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.925 of 2012

L.VICTORIA GOWRI, J.,

Sml

C.M.A.(MD)No.925 of 2012

13.10.2023

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