J U D G M E N T

This appeal is by the Insurance Company challenging the award of the Motor Accident Claims Tribunal, Sub-Court, Sivakasi passed in MCOP No.52 of 2005 dated 06.11.2009.

2.This is the case of the fatal accident. The claimants are the legal heirs of the deceased Mahendran. According to the claimants, on 06.03.2005, the deceased and his brother one Chidambaram were travelling in a motorcycle bearing registration No.TN-67-R-8592. The deceased was a rider and his brother was pillion rider. While so, the rider of the motorcycle bearing registration No.TN-67-R-8473, who was following the vehicle of the deceased, hit against the two wheeler, in which, the deceased was a rider. In the accident, the deceased died on the spot.

3.The prime contention of the appellant is that the rider of the offending vehicle was not having a valid and effective driving license and hence, no liability can be fastened on the Insurance Company. In order to prove the defense, they examined three witnesses on their side and marked two documents. Ex.P.4 produced on the side of the claimants shows that the rider of the offending vehicle was having licence to driver light motor vehicle. The Tribunal accepting the fact that the rider of the two wheeler was having licence only to drive light motor vehicle, observed that the appellant has not established that the rider was disqualified from holding or obtaining license in respect of the two wheeler to make the Insurance Company liable to pay compensation. In this regard, it is useful to refer the Section 10 of the Motor Vehicles Act, which reads thus:-

“10. Form and contents of Licence to drive.-

(1) Every Learner's Licence and Driving Licence, except a Driving Licence issued under Section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.

(2) A Leaner's Licence or, as the case may be, Driving Licence shall also be expressed as entitling the holder to drive a Motor Vehicle of one more of the following classes, namely, -

(a) Motorcycle without Gear;

(b) Motorcycle with Gear;

(c) invalid carriage;

(d) Light Motor Vehicle;

(e) Transport Vehicle;

(i) Road-Roller (j) Motor Vehicle of a specified description.”

4.A plain reading of the above provision would make it clear that the above Section was amended in the year 1994 prescribing Forms and contents of license to drive different category of vehicles. Therefore, a person, who wants to drive a two wheeler, is required to take a separate licence of driving a two wheeler. However, the Tribunal overlooking the amendment brought into the Motor Vehicles Act, held that the person who is having light motor vehicle, is entitled to drive a two wheeler.

5.An identical issue came up for consideration before the Hon'ble Apex Court in Oriental Insurance Co. Ltd. vs. Zaharulnisha and others (AIR 2008 SC 2218), wherein, it has been observed and held that the Insurance Company cannot be made liable to pay amount of compensation if the vehicle was driven by the person, who had no valid and effective licence to drive the vehicle on the date of accident. The relevant paragraph is extracted hereunder:-

“18. In the light of the above-settled proposition of law, the appellant insurance company cannot be held liable to pay the amount of compensation to the claimants for the cause of death of Shukurullah in road accident which had occurred due to rash and negligent driving of scooter by Ram Surat who is admittedly had no valid and effective licence to drive the vehicle on the day of accident. The scooterist was possessing driving licence of driving HMV and he was driving totally different class of vehicle which act of his is in violation of Section 10(2) of the MV Act.”

6.In the latest decision of this Court reported in 2019(1) TN MAC

373 (Chandru vs. Multi Speciality Lab Services Pvt. Ltd.) it has been held as under:-

14.A person must possess a Driving Licence in respect of the class of vehicle which he wants to drive. From a bare readin