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2008 Supreme(Ker) 360

C.N.RAMACHANDRAN NAIR, V.K.MOHANAN
P. P. Prabhakaran – Appellant
Versus
James – Respondent


Advocates Appeared:For the Petitioner:P. Vijaya Bhanu, Advocate. For the Respondents:Joe Kalliath, Advocate.

Judgment :-

Ramachandran Nair, J.

This is an appeal filed by the registered owner of the Tractor, which was involved in the accident that led to death of a child and award of compensation in favour of the parents. The accident was caused by 3rd respondent, who had a licence to drive light motor vehicles. The accident occurred on 17/11/1995. The MACT noticed that at the time of accident, the driver was authorized to drive only light motor vehicles and it is thereafter he got an endorsement in the licence that he was authorized to drive tractor with effect from 18/01/1996 to 17/01/1999. Since the endorsement in the driving licence authorizing the licence to drive tractor was made after the date of accident, the Tribunal held that the Insurance Company after remitting compensation can recover the amount from the owner of the tractor as it was entitled to disown liability under the policy for want of licence for the driver of the vehicle, who caused the accident.

2. Learned counsel for the appellant contended that a light motor vehicle licence is sufficient to drive a tractor, the unladen weight of which is below 7500 Kgs. as per Section 2(21) of the Motor Vehicles Act. Section 2(21) of


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