Person With LMV License Permitted To Drive Tractor As Unladen Weight Is Below 7500 Kgs, Insurance Company Must Compensate In Case Of Accident: Karnataka HC

The Karnataka High Court has said that a person holding a light motor vehicle driving licence is permitted to drive a tractor as the unladen weight does not exceed 7500 kg and the insurance company is liable to pay compensation to the claimants in case the driver of the tractor causes an accident.A Single judge bench of Justice K Natarajan held thus while dismissing the appeal filed by the Branch Manager of M/s United India Insurance Co Ltd, which had challenged the order passed by the Motor Accidents Claim Tribunal questioning the fastening of liability on it as well as the quantum of compensation awarded to the claimants. On April 10, 2015, the deceased Kirayya and Sharanabasayya were travelling in motorcycles near Kalakeri bypass road, one tractor and trailer came from the opposite direction at a high speed and dashed to the motorcycle. As a result of which, both sustained grievous injuries and died on the spot. The insurance company contended that the tractor was insured but the trailer was not insured. The driver of the tractor vehicle was not holding a valid and effective driving licence. Therefore, it was argued that fastening the liability on the insurance company is not correct. The bench referred to the Supreme Court judgment in the case of Mukund Dewangan vs. Oriental Insurance Company Limited (2017), wherein it was held that the person who is holding a light motor vehicle driving licence is permitted to drive a vehicle whose unladen weight is not exceeding 7500kg.Then it said “It is not the case of the insurance company that a tractor and trailer is more than 7500 kg unladen weight. Such being the case the driver of the vehicle is having a valid and effective driving licence to drive the said vehicle.” It held, “Therefore, the contention of the Insurance Company cannot be acceptable that the driver was not having valid and effective driving licence is not acceptable.” Further, the court rejected the contention of the company that liability should not only be fastened on the insurer of the tractor when the trailer was also connected to the tractor and it was not insured. Reliance was placed on the judgment of the Supreme Court in the case of Dhondubai vs. Hanmantappa Bandappa Gandigude since deceased through His LRs. & Ors. [2023 Live Law (SC) 725].The court said, “Though trailer was connected with tractor, but the accident was occurred due to rash and negligent driving of the driver which was driven by the driver of the tractor and the tractor was hit on the motorcycle and caused the death and trailer is nothing to do with the accident that the accident caused by the tractor and not by the trailer.” It added, “Therefore, the Trial Court rightly fastened the liability on the insurance company as the tractor was duly insured with respondent No.2.” Thus the court partly allowed the appeal filed by the claimants and enhanced the compensation amount. Appearance: S. S Mamadapur for Appellant.Advocate Sudarshan M for R2. Citation No: 2024 LiveLaw (Kar) 383Case Title: Chidanandaya & ANR AND Shivalingappa Mallappa Biradar & Others for Respondents. Case No: MISCL. FIRST APPEAL NO.200721 OF 2019 (MV-D) C/W MISCL. FIRST APPEAL NO.200722 OF 2019(MV-D) MISCL. FIRST APPEAL NO.200038 OF 2020(MV-D) MISCL. FIRST APPEAL NO.200039 OF 2020Click Here To Read/Download Order

Person With LMV License Permitted To Drive Tractor As Unladen Weight Is Below 7500 Kgs, Insurance Company Must Compensate In Case Of Accident: Karnataka HC

Mustafa Plumber

Tags