Order :

1. Learned counsel for the appellant submits that admittedly, the driver of the vehicle in question was possessing a license for a light motor vehicle whereas he was driving a motorcycle. Meaning thereby, he was not authorized to drive the category of vehicle for which he did not possess a valid license.

2. Learned counsel submits that as the proviso attached to sub- section 4 of Section 149 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act of 1988’) has been omitted and has been replaced by Section 150 vide the Motor Vehicles (Amendment) Act, 2019, the liability of the insurer to pay and its right to recover the amount from the owner has been taken away and the same would now not survive in relation to accidents occurring after 01.04.2022.

3. In support of his submission, learned counsel relied upon the interim order dated 07.03.2024 passed by the Madras High Court in ICICI Lombard General Insurance Co. Ltd Vs. Archana & Ors.; CMP No.5313/2024 in CMA No.534/2024 wherein the Court framed the following question:

“Whether the Tribunal was right in directing the Insurance Company to pay the award amount and giving it liberty to recover it from the Insured, in t