Case Note & Summary
The appeal arose from a motor accident claim where the Motor Accident Claims Tribunal, Harihar, had awarded compensation of Rs.7,51,000 to the claimants but exonerated the insurer on the ground that the driver of the tractor-cum-trailer did not hold a valid driving licence. The owner of the tractor-cum-trailer challenged the order in appeal. This was the second round of litigation; earlier, the High Court had remanded the matter for fresh consideration after examining the Regional Transport Officer. On remand, the Tribunal examined the RTO official and perused the driving licence extract (Ex.R9), which showed that the driver held a valid licence to drive heavy goods vehicle, light motor vehicle, transport vehicle, and other categories. Despite this, the Tribunal concluded that a specific endorsement for tractor-cum-trailer was required under Section 10 of the Motor Vehicles Act, 1988, and again absolved the insurer. The owner filed the present appeal. The appellant contended that the issue was covered by the Supreme Court's decision in Mukund Dewangan v. Oriental Insurance Company Ltd., where it was held that a licence for light motor vehicle includes transport vehicles and tractors. It was argued that the driver's heavy goods vehicle licence was sufficient and no separate endorsement was needed. The insurance company argued that Mukund Dewangan dealt with a light motor vehicle licence and that a tractor-cum-trailer's weight exceeds 7500 kg, thus requiring a separate endorsement. The High Court noted that the driver held a heavy goods vehicle licence, which was acknowledged by the Tribunal. The court held that under Section 10, there is no special category for tractor-cum-trailer; a heavy goods vehicle licence covers such a vehicle even if its unladen weight exceeds 7500 kg. Relying on Mukund Dewangan, the court concluded that the driver held a valid licence for the vehicle at the time of the accident. Consequently, the impugned order was set aside, and liability was fastened on the insurance company, which was directed to deposit the compensation with interest within six weeks. The statutory deposits made by the owner were ordered to be refunded.
Headnote
A) Motor Vehicles - Driving Licence - Tractor-Cum-Trailer Covered by Heavy Goods Vehicle Licence - Motor Vehicles Act, 1988, Section 10 - The driver possessed a valid driving licence for heavy goods vehicle, light motor vehicle, transport vehicle, etc. The tribunal held that a specific endorsement for tractor-cum-trailer was necessary, based on Section 10. The High Court, relying on Mukund Dewangan v. Oriental Insurance Company Limited, held that a licence for heavy goods vehicle covers tractor-cum-trailer regardless of unladen weight, and insurance company is liable to pay compensation. Held that the impugned order is set aside and insurer directed to deposit compensation within 6 weeks. (Paras 8-15)
Issue of Consideration
Whether the driver of a tractor-cum-trailer, who holds a valid driving licence for heavy goods vehicle, requires a specific endorsement for tractor-cum-trailer to be considered having a valid driving licence under the Motor Vehicles Act, 1988.
Final Decision
The High Court allowed the appeal, set aside the Tribunal's finding on liability, held that the driver's heavy goods vehicle licence was sufficient to drive the tractor-cum-trailer, and directed the insurance company to pay the compensation of Rs.7,51,000 with interest at 6% p.a. within 6 weeks. The statutory deposits made by the owner were ordered to be released to him.
Law Points
- A driving licence to drive a heavy goods vehicle includes authorisation to drive a tractor-cum-trailer even if its unladen weight exceeds 7500 kg
- Insurance company liable when policy is in force and driver holds valid licence
- Remand order of High Court binding on Tribunal
- Reliance on Mukund Dewangan v. Oriental Insurance Co. Ltd.
