NEW INDIA ASSURANCE CO LTD Vs. R JAYALAKSHMI

JUDGEMENT

(1.) The only question arising for consideration in the civil miscellaneous appeal is whether the insurance company can be made liable in a case where the driver of the vehicle involved in the accident possessed licence for driving a heavy passenger motor vehicle and not for driving a heavy goods vehicle which was involved in the accident.

(2.) The accident took place on 16.9.92. As per Motor Vehicles Act, 1988, there are separate categories with regard to licence to drive. Section 10 is the relevant section. Section 10 (2) (g) relates to heavy goods vehicle and section 10 (2) (h) relates to heavy passenger motor vehicle. Form 4 under rule 14 also provides for applying for separate licence for heavy goods vehicle and separate licence for heavy passenger motor vehicle.

(3.) It is submitted on behalf of the insurance company that on the basis of this separate categorisation in a case where a driver possessing a licence for driving a heavy passenger motor vehicle does not have a licence for driving a heavy goods vehicle, the insurance company should be absolved of its liability.