NEW INDIA ASSURANCE CO LTD Vs. ANBALAGAN

JUDGEMENT

(1.) IN the claim petition, it is stated that on 27.3.2002 at about 10.00 p.m., while the claimant and his friend one Rathinavel were going by a TVS Moped bearing Registration No.Tn 31 Y 6924 along Virudhachalam - Chidambaram road, near Ko.Mavidanthal village, a tractor belonging to the second respondent with Registration No.TN 31 Q 3749 was driven by its driver in a rash and negligent manner dashed against the moped by means of which the claimant fell down and sustained injuries including fractures in his leg. He was removed to Government hospital, Virudhachalam and then was rushed to Zipmer hospital, Pondicherry for further management. He was earning a sum of Rs.6, 000/- per month by milk vending business and agriculture. Hence, a sum of Rs.2, 00,000/- is prayed for as compensation.

(2.) IN the counter filed by the appellant, it is stated that the accident did not took place due to the negligence on the part of the tractor driver but only due to the carelessness of the claimant. It is false to state that he was earning from agriculture and milk vending business. The compensation claimed is excessive. Hence, the petition has to be dismissed.

(3.) THE learned counsel for the appellant Mr.K.Kumar would submit that unless an endorsement in the driving licence authorising the driver to drive a particular type of vehicle, is made, it is not at all valid. He draws attention of this court to Section 14 (2) (a) of the Motor Vehicles Act, 1988 reads as follows- "(a) in the case of a licence to drive a transport vehicle, be effective for a period of three years :Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus and