NEW INDIA ASSURANCE CO LTD Vs. SUBBU

JUDGEMENT

(1.) In respect of an accident that took place on 27-9-1982 the respondents-claimants filed a petition under S.110-A of the Motor Vehicles Act (hereinafter referred to as the Act) claiming Compensation for the death off one Rasiah Nadar alias Raja.

(2.) The only point that is urged in this appeal is that the driver of the vehicle has no driving licence to drive the vehicle and that therefore the Insurance Company is absolved of its liability to pay any compensation. The Additional Motor Accidents Claims Tribunal Madras, by its order dt. 31-1-1885 in O. P. 17 of 1983, held that the driver had a driving licence, that it has not been shown that the vehicle in question is a medium goods vehicle and that the Insurance Company has also failed to establish that the driver had no valid licence for driving the vehicle which was involved in the accident.

(3.) On appeal, a learned single Judge of this Court held that the driver had a licence and that the tractor in question could not be held to be a medium goods vehicle. In that view, he confirmed the order of the Tribunal and dismissed the appeal.