SMT. BEASAN DEVI WD/O RIJHI RAM AND ORS. Vs. RAJ LAL S/O SH. HARI CHAND CASTE BRAHMIN, R/O VILLAGE CHABRAIN, TEHSIL BANGANA, DISTT. UNA, H.P. AND UNITED INDIA INSURANCE COMPANY, UNA THROUGH ITS MANAGER

JUDGEMENT

(1.) THIS appeal by the owner of the vehicle is directed against the award passed by the learned Commissioner Workmen Compensation, Una, whereby he awarded compensation in favour of the claimant and exonerated the Insurance Company of its liability to pay the compensation but held that the employer alone shall be liable to pay the compensation.

(2.) THOUGH the appeal was admitted on a number of questions of law, the only substantial question of law which arises in this appeal in my view is whether the driver in question held a valid driving licence to drive a tractor or not.

(3.) IN my view, the learned Commissioner has not gone into the Scheme of the grant of driving licenses under the Motor Vehicles Act. A licence to drive a transport vehicle can only be granted after a person has held a driving licence to drive a light motor vehicle for at least one year. Thus, it is apparent that a person can have a licence to drive a heavy transport vehicle only after he has qualified to drive a light motor vehicle.