Telangana High Court
United India Insurance Company ... vs Lanka Chintalamma on 28 July, 2023
Author: M.Laxman
Bench: M. Laxman
THE HONOURABLE SRI JUSTICE M. LAXMAN
MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL
No.3323 OF 2009
JUDGMENT:
1. The present Motor Accident Civil Miscellaneous Appeal has been directed against award dated 11.02.2009 in O.P.No.218 of 2007 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-Principal District Judge at Sangareddy, (hereinafter referred to as 'Tribunal'), whereunder the claim of respondent Nos.1 and 2 herein for grant of compensation for death of one Lanka Gopal Rao was partly allowed granting compensation of Rs.2,79,000/- with interest and the appellant and respondent No.3 herein were directed to pay the said compensation jointly and severally.
2. The main ground on which the present appeal is filed by the appellant-insurance company is that the driver of the vehicle was holding only Light Motor Vehicle (LMV) Driving License, but the vehicle involved in the accident was medium goods vehicle. As the driver was not holding valid license, the appellant-insurance company is not liable to pay compensation as there is violation of condition of insurance policy.
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3. None appeared and there is no representation for the respondents.
4. In the light of the said contention put forth by the appellant-insurance company, it is apt to refer to the definitions of the Heavy Goods Vehicle, Light Motor Vehicle and Medium Goods Vehicle, which are defined under Sections 2 (16), 2 (21) and 2 (23) of the Motor Vehicles Act, 1988, respectively and reads as follows:
"Section 2: Definitions:-
(16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;
(21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed [7500] kilograms;
(23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle; "
5. A reading of the above provisions show that if a vehicle's unladen weight is not exceeding 7500 kilograms, it is light motor vehicle, if it is between 7500 and 12000 kilograms it is medium goods vehicle and if it exceeds 12000 kilograms it is heavy goods vehicle.
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6. In the present case, the weight of the vehicle involved is 8770 kilograms and it is medium goods vehicle. The driver of the vehicle is holding license for driving light motor vehicle. Therefore, he is not holding valid driving license and the appellant-insurance company is not liable to pay compensation as granted by the Tribunal. In fact, it is the owner of the vehicle, who is liable to pay the compensation. However, third party cannot be affected due to policy in between the owner of the vehicle and the insurance company. Hence, this Court is inclined to order the appellant-insurance company to pay and recover the compensation.
7. In the result, the Motor Accident Civil Miscellaneous Appeal is allowed and the award dated 11.02.2009 in O.P.No.218 of 2007 on the file of the Motor Vehicles Accidents Claims Tribunal-cum-Principal District Judge at Sangareddy, directing the appellant/insurance company to pay the compensation is set aside. However, the appellant- insurance company is directed to deposit the entire amount of compensation granted by the Tribunal and recover the same from the owner of the vehicle i.e., respondent No.3 herein on the strength of the present judgment. No order as 4 to costs. Miscellaneous petitions pending, if any, shall stand closed.
_______________ M.LAXMAN, J Date: 28.07.2023.
GVR