CMA No. 2042 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-08-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMA No. 2042 of 2025 AND CMP NO. 17937 OF 2025 1. N.Palanisamy S/o. Nachimuthu Gounder, Keeranur Amman Milk Diary, 162, Old Bus Stand Road, Perundurai Taluk, Erode District. Appellant(s) Vs 1. Nandhakumar @ Nandhakumaran S/o. Thangamuthu, res. at D.No.14/98, Nallroad, Paranjervali, Kangayam Taluk, Tirupur District. 2.K. Balu S/o. Kolandasamy Gounder, Res. at 46, Vaikkalpudhur, Ekattampalayam, Perundurai Taluk, Erode District. 3.The National Insurance Company Limited having its Divisional Office at No.73, Perundurai Road, Near Collector Office, Erode - 11. https://www.mhc.tn.gov.in/judis CMA No. 2042 of 2025 Respondent(s) PRAYER To allow the present appeal filed against Judgment and decree dated 02.08.2023 in MCOP.123/2017 on the file of the Motor Accident Claims Tribunal Perundurai as prayed for in this Civil Miscellaneous Appeal with Cost. CMA No. 2042 of 2025 For Appellant(s): Mr.R.Nalliyappan G. Sathish For Respondent(s): Mr.S.Senthilkumar For R3 JUDGEMENT This Civil Miscellaneous Appeal has been filed against Judgment and decree dated 02.08.2023 in MCOP.123/2017 on the file of the Motor Accident Claims Tribunal Perundurai. 2. On 29.01.2017 at about 06.45 p.m. While the claimant was riding his Yamaha motorcycle bearing registration No. TN 39 S 5220 along Chenniamalai to Kangeyam main road from North to South direction, in a cautious manner adhering traffic rules while arriving near Thittuparai Cheran College, a Mahindra Maxximo bearing registration No. TN 56 C 2444 driven by its driver in a rash and negligent manner hit against the petitioner's vehicle. Due to which the claimant sustained injuries. Thereafter, the claimant filed the petition before https://www.mhc.tn.gov.in/judis CMA No. 2042 of 2025 the tribunal claimaing compensation and the third respondent contested the case by filing counter. After considering the oral and documentary evidence the tribunal awarded compensation and directed the third respondent to pay the compensation and recover the same from the appellant herein/owner of the vehicle. Challenging the award passed by the tribunal the owner of the vehicle filed this appeal. 3. The learned counsel for the appellant submits that tribunal has directed the insurance company/fourth respondent herein to pay the compensation and liberty granted to recover the same from the owner of the vehicle/appellant herein by holding that at the time of the accident driver of the vehicle/second respondent did not possessed valid driving licence to drive the heavy vehicle said to be involved in the accident bearing registration No. TN 56 C 2444. Therefore, the tribunal held that since the driver did not possessed valid licence for driving the heavy vehicle which is violation of the policy conditions. Therefore, tribunal ordered to pay the compensation and recover the same from the appellant. Now, challenging the pay and recovery ordered by the tribunal the owner of the vehicle filed this appeal. https://www.mhc.tn.gov.in/judis CMA No. 2042 of 2025 4. The appellant counsel submits that the vehicle involved in the accident is light motor vehiclewhich is not comes under the category of heavy vehicle. Therefore, the driver of the appellant possessed valid light motor vehicle licence and same was proved before the Tribunal. Therefore, the said findings ordered to be set aside and to prove the same he relied the evidence of RW.1/Junior Assistant in RTO office, Perundurai, which is extracted below: vd;dplk; fhz;gpf;fg;gLk; 2k; vjph;kDjhuhpd; thfdj;jpd; fhg;gPl;L efypy; knfe;jpuh nkf;rpnfh thfdj;jpd; vil vt;tst[ cs;sJ vd;why; 1800 fpnyh fpuhk;/ 7500 fpnyhtpw;F Fiwthf vila[s;s thfdj;ij ,af;Ftjw;F ngl;$; mtrpakpy;iy vd;why; rhpjhd;/ 5. On perusal of the evidence of R.W.1,who deposed that weight of vehicle involved in the said accident is comes under 1800 kgs and to drive the vehicle below the weight of 7500 kilograms needs no badge licence. Further, the driver of the appellant possessed valid licence to drive the LMV. But in stead of appreciating the said evidence, the tribunal erroneously held that the driver of the vehicle did not possessed valid badge licence and ordered to pay and recover from the appellant as such is erroneous and liable to be set aside to that https://www.mhc.tn.gov.in/judis CMA No. 2042 of 2025 effect order passed by the Tribunal is set aside. The 3 rd Respondent is directed to pay a compensation within a period of 8 weeks from the date of receipt of a copy of this judgement. Except above modification, the award passed by the Motor Accident Claims Tribunal Perundurai in MCOP No. 123 of 2017 is confirmed. 6. With the above direction, the Civil Miscellaneous Appeal is partly allowed. No costs. Pending petition, if any, is/are closed. 01-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Motor Accident Claims Tribunal Perundurai 2. The Section Officer, V. R Section, High Court, Madras. https://www.mhc.tn.gov.in/judis CMA No. 2042 of 2025 T.V.THAMILSELVI J. pbl CMA No. 2042 of 2025 AND CMP NO. 17937 OF 2025 01-08-2025 https://www.mhc.tn.gov.in/judis