Devendra Shriram Gulhane v. Madhukarrao Manikrao Bhende
2012-01-09
R.K.DESHPANDE
body2012
DigiLaw.ai
Judgment This appeal is preferred by the owner of the vehicle challenging the judgment and order dated 29th June, 2011, passed by the learned Member, Motor Accident Claims Tribunal, Wardha, in MACP No.176/2008. By this order, the Insurance Company is exonerated from its liability of payment and it has been held that the claimants are entitled to compensation of Rs.5,44,500/-, payable by the appellant, the owner of the Vehicle. 2. Notice of final disposal of the matter was issued on 21st December, 2011. "Admit. Heard Shri Maldhure, the learned counsel for the appellant, Shri Chutake, the learned counsel for respondent Nos.1 and 2 and Shri Paunikar, the learned counsel for respondent No.3." 3. The only question which arise for consideration in this appeal is whether the driver of the vehicle was possessing a valid license on the date of accident to drive heavy motor vehicle. Exh. 19 is the license possessed by the driver of the vehicle and he is authorized to drive LMV TR w.e.f. 30/12/1997 and transport vehicle w.e.f. 27/08/1999. 4. Undisputedly, the license was valid on the date of occurrence of accident on 18.05.2008. Though the tribunal has considered the provisions of Section 2(21) of the Motor Vehicles Act, 1988 (hereinafter referred to as "the said Act"), it has not applied its mind to the provisions of Section 10(2) of the said Act, more particularly clause (e) therein, which was substituted by Amendment Act of 54 of 94 w.e.f. 14.11.1992. By that amendment, four entries viz. Medium Goods Vehicle, Medium Passenger Motor Vehicle, Heavy Goods Vehicle and Heavy Passenger Motor Vehicle were substituted by the sole entry of Transport Vehicle. The said amendment has important bearing on the issue involved in the case. Hence, the same is required to be considered. Since the same has not been considered, the judgment and order impugned cannot be sustained. The same will have to be set aside and the matter will have to be remanded back to the tribunal to consider it afresh. 5. In the result, the appeal is allowed. The judgment and order dated 29.06.2011 passed by the learned Member, Motor Accident Claims Tribunal, Wardha, in MACP 176/2008 is hereby quashed and set aside.
The same will have to be set aside and the matter will have to be remanded back to the tribunal to consider it afresh. 5. In the result, the appeal is allowed. The judgment and order dated 29.06.2011 passed by the learned Member, Motor Accident Claims Tribunal, Wardha, in MACP 176/2008 is hereby quashed and set aside. The matter is remanded back to the tribunal to decide it afresh taking into consideration the relevant provisions of the Act and the Rules, within a period of three months from the date of first appearance of the parties before it. The parties shall appear before the Tribunal on 30th January, 2012. No orders as to costs. The statutory amount deposited by the appellant be remitted back to the tribunal for passing appropriate order in accordance with the ultimate judgment to be delivered. No costs.