NATIONAL INSURANCE CO.LTD. Vs. JAGTAMBA

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is directed against the award of the award of the Motor Accident Claims Bilaspur, H.P. (hereafter referred to as 'the Tribunal') in M.A.C. Petition No.116 of 2001 decided on 2.6.2003.

(2.) THE only point raised in this appeal is that the driver did not have a valid driving licence to drive the bus. The licence of the driver has been exhibited as Ext.R5. A perusal of this driving licence shows that it was endorsed for heavy goods vehicle w.e.f. 20.1.1996. The contention raised by the Insurance Company is that the driver had a licence to drive a heavy goods vehicle and not a heavy passenger vehicle. The accident in question had occurred on 27.8.2001. After the amendment of the Motor Vehicles Act, 1988 vide Amendment Act No.54 of 1994 w.e.f. 14.11.1994 the legislature has not kept any distinction between different categories of transport vehicles.

(3.) AFTER the amendment of the Act in 1994, the licenses are only being issued for transport vehicle and there is no separate license for goods vehicle or passenger vehicle. This would be apparent from a reading of Section 10 of the Motor Vehicles Act. Prior to its amendment in 1994, it read as follows: