HANUMAN SINGH Vs. SONA DEVI AND ORS.

JUDGEMENT

(1.) The owner of a pick van called as Jeep was fastened with a liability for recovery by the insurance company by the order of the tribunal. The owner of the vehicle is aggrieved and hence in appeal.

(2.) According to the learned counsel, the weight of the Mahendra pick up van is less than 7500 kgs and it qualifies as light motor vehicle. He held a light motor vehicle licence and at the time when the accident took place. There were no goods being carried and hence the possession of light motor vehicle licence itself, according to him, was sufficient to secure to the owner full indemnity. The counsel's argument is that it is the manner of use at the relevant time which will govern the liability and the issue of entitlement to indemnity or not. The counsel would place reliance on a judgment of this court in Balbir Singh and another Versus Ralla Singh and others, 2013 169 PunLR 735 as squarely governing the issue. That was a case of tractor and trolley where the driver was holding licence to driver light motor vehicle. There were no goods loaded at the relevant time of the accident and since the gross weight of the tractor was less than 7500 kgs, it found that light motor vehicle licence was sufficient to secure full indemnity from the insurance company. I will make no comments on the above judgment except to state that the issue is squarely governed through judgments of the Supreme Court hereinafter discussed of what could qualify as a transport vehicle and when a driver could be stated to be duly licenced.

(3.) The definition contained in the Motor Vehicles Act 1988 (for short 'the Act') for the 'light motor vehicle' under Section 2 (21) and 'transport vehicle' under Section 2 (47) are not mutually exclusive. A light motor vehicle could just as well be a transport vehicle, if it is put to such use as the definition requires. Section 2 (44) that defines "tractor" by itself is not a transport vehicle or a goods carrying vehicle. If its weight is less than 7500 kgs it still qualifies as the light motor vehicle. Consequently, Section 2 (44) defining "a tractor" and Section 2 (21) that defines a light motor vehicle still overlaps. But if the tractor is attached to a trailer, which is defined in Section 2 (46), it shall be treated as a single unit. A light motor vehicle attached to a trailer may or may not carry goods. If it is tractor attached to trailer and insured as a transport vehicle or a goods carrying vehicle, the manner of insurance will govern the issue, irrespective of whether goods were transported at that time or not.