UNITED INDIA INSURANCE CO LTD Vs. SATISH DORA

JUDGEMENT

(1.) THE appellant, Insurance Company is aggrieved by the judgment and award dated 24-4-2002 in MACP No. 69/1999, passed by Motor Accident Claim Tribunal/ II Addl. District Judge, Udham Singh Nagar, whereby the claim petition of the respondents-claimants was allowed and compensation of Rs. 1,99,000/- was awarded to them to be paid by the ap pellant United India Insurance Company Ltd. with interest at the rate of 12 per cent per annum from the date of the claim petition till the date of final payment.

(2.) THE brief facts, as emerged out from the record, are that on 16-2-1999 the deceased Ram Nath Dora, was returning to his home from his shop, situ ate at Gram Bhud, P. S. Khatima. At about 6. 30 P. M. motor cycle, bearing registration No. U. P 04-B/2260, came over there from Khatima side at a high speed and dashed Ram Nath Dora, due to which he sustained grievous injuries and died at the spot instantaneously. THE claimants, thereafter filed claim pe tition for compensation of Rs. 6,00,000/ -. In their claim petition, the claimants mentioned the age of the deceased as 52 years at the time of the accident, and his income was shown as Rs. 4,000/ - per month from the shop business.

(3.) THE M. A. C. T. on the basis of the pleadings, adduced by the parties, framed the following issues in the claim petition : 1- Whether on 16-2-1999, at 6. 30 RM. in village Bhud, within the jurisdiction of RS. Khatima, the driver of the motor cycle No. UR 04-B/2260, dashed Ram Nath Dora with rash and negligent driv ing, due to which Ram Nath Dora sustained injuries and he died on account of the same ? 2- Whether the respondent Hayat Singh, the owner of the motor cy cle, was not driving the offending motor cycle ? If so, its effect ? 3- Whether the petition has not been filed by all the legal representa tives of the deceased Ram Nath Dora ? If so, its effect ? 4- What amount of compensation, the claimants are entitled and from whom ? THE parties, in support of their case, Produced the evidence, before the Tribunal concerned. THE claimants pro duced P. W. 1, Smt. Satish Dora, widow of deceased Ram Nath Dora, P. W. 2, Naresh Batra, in oral evidence. THE Opposite Par ties, before the court below, produced Narayan Singh as D. W. 1 in oral evidence. 7. THE Tribunal after assessment of evidence and hearing the learned counsel for the parties, awarded an amount of Rs. 1,99,000/- along with interest @ 6% per annum, from the date of filing the peti tion till the date of payment, in favour of the claimants/respondents. THE amount of compensation was to be paid by the in surer of the motor cycle, i. e. , the United India Insurance Company Ltd. THE Tribu nal passed the impugned judgment and order dated 24-2-2002 allowing the claim petition filed by the claimants/respondents. 8. Feeling aggrieved by the aforesaid impugned judgment and award the insurer of the vehicle has filed this appeal before this court. 9. Heard the learned counsel for the parties and perused the record. 10. Learned counsel for the appellant has pressed this appeal only on the point that the motor cyclist did not possess the valid driving licence at the time of the al leged accident. It has been contended by the learned counsel for the appellant that the driving licence which was produced before the Tribunal belonged lo one Narayan Singh, who has been produced as D. W. I before the Tribunal. Narayan Singh, D. W. I has deposed in his state ment that he was driving the motor cycle No. U. P 04-B/2260 belonging to Hayat Singh. Paper No. 36-C, driving licence is in the name of Narayan Singh. Narayan Singh has also admitted in his statement that 36-C the driving licence, which be longs to him. This witness in his cross- ex amination has also stated that he obtained his bail in connection with the case of this accident and the criminal case is still go ing on. THE copy of the licence, paper No. 36-C, shows that the same belongs to the light motor vehicle, therefore, it is quite clear that Narayan Singh, who was driv ing the motor cycle, at the time of the ac cident was not authorized to drive the motor cycle and at the time of the acci dent it was being driven by an unauthor ized person. This fact is not disputed that the driver of the motor cycle was having a licence only for light motor vehicle and was not having licence for two wheeler, independently or by way of endorsement. 11. It is only the interpretation of the provisions of the Motor Vehicles Act (here inafter called 'the Act') and the Rules to decide whether a person holding driving li cence for light motor vehicle can drive motor cycle without having licence for it either independently or endorsement thereon. THE relevant provisions of the Act are sub-sections (10), (11), (26), (27) and (28) of Section 2, Section 3, sub-sections (1) to (3) of Section 9, Sections 10 and 11 of the Act. THEse are : "2. Definitions.- In this Act, unless the context otherwise requires,- xxx xxx xxx (10) 'driving licence' means the licence issued by a competent authority under Chapter II authorizing the person speci fied therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or descrip tion; (11) 'educational institution bus' means an omnibus, which is owned by a college, school or other educational institution and used solely for the pur pose of transporting students or staff of the educational institution in connec tion with any of its activities, xxx xxx xxx (26) 'motor car' means any motor ve hicle other than a transport vehicle, omnibus, rod-roller, tractor, motor cy cle or invalid carriage; (27) 'motor cycle' means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) 'motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty- five cubic centimeters; xxx xxx xxx 3. Necessity for driving licence.- (1) No person shall drive a motor vehicle in any public place unless he holds an ef fective driving licence issued to him au thorizing him to drive the vehicle; and no person shall so drive a transport ve hicle other than a motor cab or motor cycle hired for his own use or rented under any scheme made under sub-sec tion) of Section 75 unless his driving licence specifically entitles him so to do. (2) THE conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Govern ment. Xxx xxx xxx 9. Grant of driving licence.- (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to the licens ing authority having jurisdiction in the area- (1) in which he ordinarily resides or car ries on business, or (ii) in which the school or establish ment referred to In Section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driv ing licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. (3) If the applicant passes such test as may be prescribed by the Central Gov ernment, he shall be issued the driving licence : Provided that no such test shall be nec essary where the applicant produce proof to show that- (a) (i) the applicant has previously held a driving licence to driving such class of vehicle and that the period between the day of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previ ously held a driving licence to drive such class of vehicle issued under Sec tion 18, or (iii) the applicant holds a driving li cence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of Section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical cer tificate in the same form and in the same manner as is referred to in sub section (3) of Section 8. Provided further that where the appli cation is for a driving licence to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle pre scribed under this sub-section, if the ap plicant possesses a driving certificate issued by any institution recognized in this behalf by the State Government. 10. Form and contents of licenses to drive.- (1) Every learner's licence and driving licence, except a driving licence issued under Section 18, shall be in such form and shall contain such in formation 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 descrip tion. 11. Additions to driving licence.- (1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class of description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he re sides or carries on his business in such form and accompanied by such docu ments and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the li cence. (2) Subject to such rules as may be pre scribed by the Central Government, the provisions of Section 9 shall apply to an application under this section as if the said application was for the grant of a licence under that section to drive the class or description of motor vehi cles which the applicant desires to be added to his licence. " 12. Perusal of the aforesaid provisions show that by driving licence, a person is authorized to drive a motor vehicle of any class as specified therein. Motor cycle falls in a class of motor vehicle having two- wheels and engine capacity as per the defi nitions of motor car, motor cycle and mo tor vehicle. It cannot be driven in any pub lic place unless its driver holds an effec tive driving licence issued to him author izing him to drive the vehicle as provided under Section-3 of the Act. 13. Form and contents of the licence to drive are given under Section 10 of the Act and under sub- section (2) of Section 10, list of classes of motor vehicles is given for which licence is issued either for one or for more class of vehicles. Thus the pe rusal of this list clearly shows that motor cycle without gear and motor cycle with gear are two separate classes than the light motor vehicle. THErefore, the licence for light motor vehicle does not include the licence for motor cycle without there be ing any endorsement in this regard, for which the licence holder must apply as provided under Section 11 of the Act. 14. THE application for driving licence is given under Rule 14 of the Central Mo tor Vehicles Rules, 1989. 15. Rule -15 provides for driving test, which is required to be qualified as pre scribed under sub-section (3) of Section 9 of the Act. 16. Rule 17 further makes it clear that for addition to driving licence one has to apply in Form -8 to the licensing author ity and for granting the same further test is required to be qualified under sub-sec tion (3) of Section of the Act. 17. THErefore, after perusal of the aforesaid provisions of the Act and the Rules, it becomes quite clear that a per son holding driving licence for light motor vehicle, which has four wheels, is not en titled to drive a motor vehicle having two wheels, i. e. , motor cycle for which either separate licence or endorsement on the li cence already obtained by him for another class of motor vehicle is required. 18. In the instant case the driver of the motor cycle did not have the separate licence for the motor cycle in question or endorsement on the licence of light mo tor vehicle held by him, hence he was not entitled to drive the said motor cycle and thus the condition of insurance policy, that a person driving the insured vehicle should hold driving licence is violated absolving the insurance company from the liability of payment of compensation. 19. THE result of above discussion is that the appeal is liable to be partly al lowed and the impugned judgment and award dated 24-4-2002 passed by the M. A. C. T. in MACP No. 69/1999, is modi fied to the extent that the Insurance Com pany/appellant, although would pay the amount of compensation to the claimants/respondents, but it shall have a re coverable right, to the recover the amount of compensation from the owner of the motor cycle. 20. With the aforesaid observation the appeal is partly allowed. THEre is no or der as to costs. .