JUDGMENT Deepak Gupta, J.-The only question which arises in this appeal is whether a person holding a licence entitling him to drive a light motor vehicle is also entitled to drive a two wheeler scooter or motor cycle or not? 2. Ms. Devyani Sharma, learned counsel for the Insurance Company, has contended that a person holding a driving license for L.M.V. which has four wheels is not entitled to drive a motor vehicle of two wheels for which a separate license or endorsement is required. In support of her submission, learned counsel has referred to the definition of `driving license’ in Section 2(10) of the Act which reads as follows:-- “2(10) “driving licence’ means the licence issued by a competent authority under Chapter II authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; 3. Reference has also been made to the definition of light motor vehicle in Section 2(21) which reads as follows:- “2(21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kilograms.” 4. Motor Cycle has been defined in Section 2(27) of the Act as follows: 5. Section 3 of the Act makes it necessary for a person to have driving license. 6. Section 3(1) of the Act reads as follows:- “3(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle (other than a motorcar or motor cycle) hired for his own use or rented under any scheme made under sub-section (2) of Section 27 unless his driving license specifically entitles him so to do.” 7. A driving license is issued under Section 9 of the Act. A driving license is issued under Section 9 of the Act. Section 9(6) of the Act provides as follows:- “2(27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle.” “9(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.” 8. Section 10 of the Act prescribes the form and contents of driving license. It reads as follows: “10. Form and contents of licenses to drive.-(1) Every learner’s license and driving license, except a driving license issued under Section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner’s license or, as the case may be, driving license 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.” 9. Rule 16 of the Central Motor Vehicle Rules provides that the driving license should be in Form 6 or 7. Relevant portion of Form 6 which is the form for issue of driving license reads as follows:- “The holder of this licence is licensed to drive throughout India vehicles of the following description:- Motor cycle without gear Motor cycle with gear Invalid carriage Light motor vehicle Transport vehicle Medium passenger motor vehicle” 10. A scooter has not been defined under the Motor Vehicles Act and a scooter will fall under the definition of Motor Cycle, as quoted above. In Section 2(21) light motor vehicle has been defined to mean a transport vehicle or omnibus or motor car or tractor or road-roller with a weight of above 7500 kilogram. It is pertinent to note that all the vehicles included are four wheeled vehicles and a motor cycle has not been included in the definition of L.M.V. This stands to reason also. A person who can drive a scooter may not be able to drive a car. It is pertinent to note that all the vehicles included are four wheeled vehicles and a motor cycle has not been included in the definition of L.M.V. This stands to reason also. A person who can drive a scooter may not be able to drive a car. Similarly, a person who can drive a car need not necessarily be able to drive a motor cycle. The technique for driving two wheelers is totally different from the technique required for driving four wheeled vehicles. 11. The legislature was obviously aware of the difference between two wheeled and four wheeled vehicles. In section 10 while providing the form and contents of the driving license motor cycle without gear and motor cycle with gear have been taken as a different category vis a vis the light motor vehicle. This is also apparent from a reading of Section 9(6), the proviso to which states that a person who has passed a test of driving a motor cycle with gear shall be deemed to have passed the test of driving motor cycle without gear. 12. This clearly pre-supposes that test for driving motor cycle is different than that prescribed for light motor vehicle which is a four wheeled vehicle. Even the form of the driving license in the rules makes special mention of the motor cycles as a separate category. Therefore, it cannot be said that a motor cycle or a scooter or any other two wheeled vehicle will fall in the general category of light motor vehicle. 13. A Division Bench of this court in The New India Assurance Company Vs. Smt. Prem Lata and others Latest HLJ 2001 (HP) 282 (DB) while considering this question has held as follows:- “6. After the perusal of the relevant provisions of the Act and the Rules we have no hesitation to hold that a person holding driving license for light motor vehicle, which has four wheels, is not entitled to drive a motor vehicle having two wheels i.e. motor cycle or the scooter, for which either separate license or endorsement on the license already obtained by him by another class of motor vehicles is required.” 14. The law laid down by the Division Bench is fully applicable in the present case also. 15. The law laid down by the Division Bench is fully applicable in the present case also. 15. In view of the above discussion, it is held that the license to drive a light motor vehicle cannot be held to be a valid license for driving a motor cycle. Similarly, a license to drive a motor cycle cannot authorize a person holding such a license to drive a four wheeled vehicle. 16. Admittedly in the present case, the driver of the vehicle held a learner licence to drive LMV only. This did not authorize him to drive a scooter or motor cycle. Therefore, the Insurance Company could not have been held liable to pay the amount of compensation. The learned Tribunal gravely erred in not taking into consideration the law laid down by this Court in a Division Bench judgment quoted herein above. However, in view of the law laid down by the Apex Court in National Insurance Company Ltd. Vs. Swaran Singh, 2004 ACJ (1), the Insurance Company would be liable to satisfy the award but it shall be entitled to recover the amount paid by it from the insured. 17. In view of the above discussion, the appeal is allowed. The award of the learned Tribunal ismodified to the limited extent that the Insurance Company shall be entitled to recover the amount paid/deposited by it from the insured. No order as to costs.