NEW INDIA ASSURANCE CO.LTD. Vs. KUNHAN

JUDGEMENT

(1.) Five appeals, of which four appeals are filed by the owner and driver of a vehicle involved in an accident. M.A.C.A. Nos.1997 of 2011 is filed by the Insurance Company against the award passed in OP(MV) No.204 of 2009 with respect to the death of a person.

(2.) The accident occurred on 17.05.2008, when a jeep bearing Registration No.KL-09/A-8411, travelling from Malamakkavu to Palakkad, was hit by a tipper lorry bearing Registration No.KL-10/0- 7818. The driver of the tipper lorry was found to be negligent, which resulted in the accident. There were 9 claim petitions filed, which were disposed of by a common order. The Tribunal found that the driver of the vehicle did not have a badge. The contention of the owner of the vehicle and the driver is that by amendment, vehicles having less than unladen weight 7500Kg were removed from the definition of transport vehicle. For driving a tipper lorry, there is hence no requirement for a badge.

(3.) The specific issue with respect to the amendment made to the Motor Vehicles Act , 1988, specifically excluding vehicles having unladen weight of less than 7500Kg. from the definition of transport vehicle was discussed in Mukund Dewangan v. Oriental Insurance Company Limited [2017 (3) KLT 1000 (SC)]. It was categorically found that for driving such vehicles, which are not categorised as transport vehicles, there is no requirement for a badge. The Registration Certificate of the tipper lorry involved in the accident is produced as Ext.B2 before the Tribunal, which clearly shows that the tipper lorry has only an unladen weight of 2190Kg. In such circumstances, the appeals filed by the owner and driver, ie. M.A.C.A. Nos.2179 of 2011, 2180 of 2011, 2181 of 2011, 2182 of 2011 have to be allowed. The right conferred for recovery from the owner and driver to the Insurance Company is set aside. The order is modified to that extent only in the claim petitions from which appeals have been filed.