On an appeal under Section 173 of the Motor Vehicles Act regarding a motor accident claim, the Madurai Bench held that the claim was not maintainable as the deceased driver did not possess a valid driving license at the time of the accident, rendering the Personal Accident coverage inapplicable.
Civil Miscellaneous Appeal dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMA(MD).No.664 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.04.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.664 of 2020
Vs.
1.Karthikeyan
2.The Branch Manager, IFFCO- Tokyo General Insurance Company Limited,
Door No.138/2, 2nd Floor, LMR Shopping Arcade, MGM Theatre Opposite Side, Namakkal District. ... Respondents/ Respondents
PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, 1988, to set aside the Judgment and Decree passed by the Motor Vehicles Accident Claims Tribunal (Sub-Court), Sankarankovil, in M.C.O.P.No.58 of 2014 on 19.03.2020 and allow this Civil Miscellaneous Appeal.
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For Appellants : Mr.M.Jothi Basu For R1 : No Appearance For R2 : Mr.V.Sakthivel
J U D G M E N T
The present appeal has been filed by the claimants challenging the award passed by the Motor Accidents Claims Tribunal, (Sub-Court), Sankarankovil, in M.C.O.P.No.58 of 2014.
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that the deceased Gurusamy, was having a Learner's License. It has been marked as Ex.R2. As per the said Learner's License, it was valid for the period between 20.08.2013 and 19.02.2014. The accident has taken place, on 29.04.2014. There are no oral or documentary evidence to establish that the deceased was not qualified to obtain the permanent driving license. Therefore, the deceased should be deemed to hold an effective valid driving license at the time of the accident. The Insurance Company is liable to satisfy the award.
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CMA(MD).No.664 of 2020
present case, the deceased was having a Learner's License only for the period between August 2013 to February 2014. The accident has taken place in April 2014. Therefore, on the date when the accident had taken place, the deceased was not having any valid or effective driving license. In such an event, the question of invoking the Personal Accident Coverage also will not arise. Hence, he prayed for sustaining the award passed by the Tribunal.
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dispute.
wheeler, in which, the deceased had travelled. These facts are not in dispute.
the vehicle from the first respondent who is the owner of the vehicle, he had entered into the shoes of the owner of the vehicle. Therefore, it is clear that the owner cannot seek any compensation from his own Insurance Company either under Section 166 or under Section 163-A of the Motor Vehicles Act.
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license at the time of accident. The Tribunal has properly appreciated the
said facts and had dismissed the claim petition.
find any merit in the present appeal. Accordingly, this Civil
Miscellaneous Appeal is dismissed. No costs.
10.04.2023
Index : Yes/No Internet : Yes/No NCC : Yes/No ebsi
To
Sub - Court, Sankarankovil.
Door No.138/2, 2nd Floor, LMR Shopping Arcade, MGM Theatre Opposite Side, Namakkal District.
3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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CMA(MD).No.664 of 2020
R.VIJAYAKUMAR,J.
ebsi
Judgement made in C.M.A(MD)No.664 of 2020
10.04.2023
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2 issues framed by the court
Whether an owner/owner's borrower is entitled to compensation from their own insurance company when the deceased driver did not hold a valid driving license at the time of the accident.
Whether a Learner's License that expired prior to the date of the accident constitutes effective coverage under the Personal Accident Schedule.
Raju Thevar
Pappa
Santhanamariammal
Priya Karuppasamy
Karthikeyan
IFFCO-Tokyo General Insurance Company Limited
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
