SUFIYAN ALI QURESHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is filed by the owner of the offending vehicle being aggrieved of award dtd. 16/8/2022 passed by learned 5th Motor Accident Claims Tribunal, Katni in MACC No. 261 of 2020 whereby learned Tribunal placing reliance on the judgment of Hon'ble the Supreme Court in Oriental Insurance Company Ltd. Vs. Jahrul Nisha (2008) 3 DMP 352 SC has held that since the driver of the offending vehicle which is motorcycle namely Kalicharan Kewat was not having a driving license to drive a two wheeler but was only having a license to drive a Light Motor Vehicle Non-transport and Heavy Motor Vehicle, therefore, the compensation assessed in favor of the claimant will be paid by the Insurance Company but Insurance Company will be entitled to recover the same from the owner/driver of the offending vehicle.

(2.) Placing reliance on the Government of India, Ministry of Road Transport and Highways, Transport Bhawan, 1-Parliament Street, New Delhi-110001 notification signed by the Joint Secretary (T) it is submitted that there was no need to possess a separate driving license to drive a motorcycle without gear or a motorcycle with gear.

(3.) Shri Rakesh Jain, submits that the meaning and import of the said notification is that there will be exemption from the requirement to obtain an endorsement for commercial vehicles to a motorcycle without gear, motorcycle with gear, Light Motor Vehicle (Goods/passenger) E-rickshaw/E-cart. Thus, endorsement is exempted and not possessing license to drive a particular category of vehicle, therefore, there will be violation of provisions contained in Sec. 10 of the Motor Vehicle Act, 1988 which deals with form and contents of licenses to drive.