NEW INDIA ASSURANCE COMPANY Vs. TIKA RAM

JUDGEMENT

(1.) The only question which arises in this appeal is whether a person holding a licence entitling him to drive a light motor vehicle is also entitled to drive a two wheeler scooter or motor cycle or not?

(2.) Mr. B.M. Chauhan, learned Counsel for the Insurance Company, has contended that a person holding a driving license for L.M.V. which has four wheels is not entitled to drive a motor vehicle of two wheels for which a separate license or endorsement is required. In support of her submission, learned Counsel has referred to the definition of 'driving license' in Section 2(10) of the Act which reads as follows:

(3.) A scooter has not been defined under the Motor Vehicles Act and a scooter will fall under the definition of Motor Cycle, as quoted above. In Section 2(21) light motor vehicle has been defined to mean a transport vehicle or omnibus or motor car or tractor or road-roller with a weight of above 7500 kilogram. It is pertinent to note that all the vehicles included are four wheeled vehicles and a motor cycle has not been included in the definition of L.M.V. This stands to reason also. A person who can drive a scooter may not be able to drive a car. Similarly, a person who can drive a car need not necessarily have the capability to drive a motor cycle. The technique for driving two wheelers is totally different from the technique required for driving four wheeled vehicles.