NATIONAL INSURANCE CO LTD Vs. SHANGRI

JUDGEMENT

(1.) The only ground of challenge in this appeal against the judgment and award dated 7.7.1999 passed in M.A.C. No. 13 of 1998 by learned Motor Accidents Claims Tribunal, Kinnaur at Rampur Bushahr, is that the driver of the offending vehicle did not possess a valid driving licence at the time of the accident.

(2.) Even though no evidence was led by the appellant in the Tribunal with respect to the aforesaid issue, onus whereof undoubtedly was upon the appellant yet Mr. Sharma learned counsel appearing for the appellant in the course of hearing of this appeal today drew my attention to Exh. RC in the original record of the Tribunal which is the copy of the driving licence dated 28.1.1998. I have seen this document and find that indeed the holder of this licence, who was the person driving the motor vehicle at the relevant time was licensed to drive 'light motor vehicle'. According to Mr. Sharma since the vehicle in question was a goods vehicle, actually, a light goods vehicle, this licence did not permit him to drive such a vehicle and, therefore, he should be deemed to be a person not possessed of a valid driving licence at the time of the accident. Section 2 (21) of the Motor Vehicles Act, 1988 defines a light motor vehicle as under:

(3.) A conjoint reading of the aforesaid two sub-sections undoubtedly reveals that a goods vehicle can also be a transport vehicle and a light motor vehicle at the same time, provided its unladen weight does not exceed 7500 kg.