V. Velumurugan vs Smt. Kavitha L on 6 August, 2024
In this regard, learned counsel for the owner of the
vehicle relies upon the judgment of Division Bench of this
Court in VIJAYAKUMARI R. Vs. KALPANA reported in
2018 ACJ 1462. At para 12 of the said judgment, this
Court discussed in detail with reference to the Section
14(2) of the M.V.Act, where a special driving licence is
mandated in order to drive a tanker. The vehicle involved
in this case is a tanker wherein the abrasions are noted
as non-owning of medical fitness certificate, age proof of
the driver and minor breaches in the licensing conditions.
These are the minor abrasions, which can be ignored as
they are inconsequential deviations. But herein this case,
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NC: 2024:KHC:31229
MFA No. 5973 of 2013
C/W MFA.CROB No. 80 of 2021
the driver of the vehicle did not have valid endorsement
authorizing him to drive the special category of vehicle
which carrying a hazardous goods (controlled goods
petrol). Petrol is an highly inflammable material which
fall within the purview of the hazardous goods. Hence,
the judgment of this Court is not going to help the owner
of the vehicle to force the insurance company to shoulder
his responsibility.