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2005 DIGILAW 325 (HP)

SUNITA PAWAR v. SANDEEP KUMAR

2005-09-06

DEEPAK GUPTA

body2005
JUDGMENT : Deepak Gupta, J. 1. This appeal by the owner is directed against the award of the Motor Accidents Claims Tribunal-II, Mandi (hereafter referred to as 'the Tribunal') in Claim Petition No. 10 of 1999, decided on 2.4.2005. 2. Tribunal has exonerated the insurance company on the ground that licence of the driver on record does not permit him to drive a truck. Since this is the only question to be decided in this appeal, therefore, it would be relevant to refer to the copy of the driving licence. The driving licence of the driver has been proved by the driver himself who has appeared as RW 1. The driving licence was exhibited as RW-l/A. A perusal of the copy of the driving licence shows that the same was issued in the year 1997 and initially permitted the driver to drive light motor vehicle only. Thereafter, it was endorsed for heavy transport vehicle on 4.6.1999. The Tribunal has come to the conclusion that the driving licence of the driver did not permit him to drive a heavy goods vehicle and only permitted him to drive a heavy transport vehicle and, hence, the insurance company was not liable. 3. It appears that the Tribunal has not taken into consideration the various provisions of the Motor Vehicles Act (for short 'the Act'). 'Transport vehicle' has been defined in Section 2 (47) of the Act as under: 'transport vehicle' means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; Obviously, a transport vehicle includes a goods carriage as mentioned in this section. 'Goods carriage' has been defined in Section 2 (14) of the Act, which reads as follows: 'goods carriage' means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; Section 2 (16) of the Act defines 'heavy goods vehicle' thus: 'heavy goods vehicle' means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12000 kilograms; 4. Therefore, any goods carriage, the unladen weight of which exceeds 12000 kilograms, is a heavy goods vehicle. Where a licence is issued for heavy transport vehicle that obviously includes both a heavy goods vehicle as well as heavy passenger vehicle. Therefore, any goods carriage, the unladen weight of which exceeds 12000 kilograms, is a heavy goods vehicle. Where a licence is issued for heavy transport vehicle that obviously includes both a heavy goods vehicle as well as heavy passenger vehicle. In fact, after the amendment of the Act in 1994, the licences are only being issued for transport vehicle and there is no separate licence for goods vehicle or passenger vehicle. This would be apparent from a reading of Section 10 of the Act. Prior to its amendment in 1994, it read as follows: 10. Form and contents of licences to drive.-(1) Every learner's licence and driving licence, except a driving licence issued u/s 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner'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 or more of the following classes, namely: (a) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) medium goods vehicle; (f) medium passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger motor vehicle; (i) road-roller; (j) motor vehicle of a specified description. (Emphasis added) After the amendment of 1994, this section reads as follows: 10. Form and contents of licences to drive.- (1) Every learner's licence and driving licence, except a driving licence issued u/s 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner'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 or more of the following classes, namely: (a) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) transport vehicle; (i) road-roller; (j) motor vehicle of a specified description. 5. It is, thus, obvious that after the amendment introduced in the Motor Vehicles Act, 1988 by Act 54 of 1994 w.e.f. 14.11.1994, the legislature did not contemplate any difference between different types of transport vehicles. The legislature by amendment omitted the separate categories of medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle and heavy passenger motor vehicle and replaced the same by one common entry of 'transport vehicle'. The legislature by amendment omitted the separate categories of medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle and heavy passenger motor vehicle and replaced the same by one common entry of 'transport vehicle'. Thus, a licence holder, who is entitled to drive a transport vehicle of a particular weight category, can drive all transport vehicles falling in that particular weight category irrespective of the fact whether it is a goods vehicle or passenger service vehicle. Since the licence of the driver in the present case entitled him to drive a heavy transport vehicle, he could drive a heavy goods vehicle or a heavy public service vehicle. 6. In view of the above position of law, it is clear that Exh. RW-1/A driving licence of the driver permitted the driver to drive a heavy transport vehicle including a heavy goods vehicle. As such, the Tribunal has erred in exonerating the insurance company from the liability. 7. The appeal of the owner is, therefore, allowed and it is held that the driver, owner and insurance company are jointly and severally liable to pay the compensation. Since as per the policy the insurance company has to indemnify the owner for satisfaction of any claim in terms of the Act, therefore, it is held that the insurance company is liable to pay the award amount in question. The insurance company is directed to deposit the amount of award before the Tribunal. 8. The appeal stands disposed of in the aforesaid terms. No orders as to costs.