[2017] 7 S.C.R. 823
SANT LAL
v.
RAJESH & ORS. ETC.
(Civil Appeal Nos. 8395-8396of2017)
JULY03,2017
[ARUN MISHRA AND AMITAVA ROY, JJ.]
Motor Vehicles Act, 1988 - ss.3, 10(2), 2(21) - Transport
. vehicle - Whether a driver who is having a licence to drive 'light
motor vehicle' (LMV) and is driving 'transport vehicle' of that class
is required additionally to obtain an endorsement to drive a
transport vehicle - Driver having licence to drive LMV can drive
such a transport vehicle of LMV class and there is no necessity to
obtain separate endorsement - In the instant case, tractor attached
with the trolley was transport vehicle of the category of light motor
vehicle - Therefore, there was no breach of conditions of the policy.
Allowing the appeals, the Court
HELD:
This Court has considered the question whether
the holder of licence for light motor vehicle can drive tractor
attached to the trolley carrying goods and also whether separate
endorsement is required authorizing him to drive such a transport
vehicle and answered in reference in Mukund Dewangan vs.
Oriental Insurance Co. Ltd. etc. (Civil Appeal No.5826 of 2011).
It was held that driver having licence to drive light motor vehicle
· can drive such a transport vehicle of LMV class and there is no
necessity to obtain separate endorsement, since tractor attached
with the trolley was transport vehicle of the category of light motor
vehicle. Hence, there was no breach of the conditions of the policy •.
[Paras 3, 4 and 5] [824-D-F]
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 8395-
8396 of2017.
From the Judgment and Order dated 02.08.2013 of the High Court
of Punjab & Haryana at Chandigarh in FAO No. 347 & 348 of 2011.
Vineet Bhagat, Ms. Archana Pathak Dave, K. G. Bhagat, M. S.
Bakshi, Ms. Neelam Saini, Advs. for the Appellants.
823
A
B
c
D
E
F
G
H
824
SUPREME COURT REPORTS
[2017) 7 S.C.R.
A
Bharat Bhushan, Archana Pathak Dave, Ms. Ankita Choudhary,
B
c
D
E
F
G
Ms. Radhika Sharma, Advs. for the Respondents.
The Judgment of the Court was delivered by
ARUN MISHRA, J. 1. Leave granted.
2. The appeals have been preferred by the owner, aggrieved by
the award passed by the Motor Accident Claims Tribunal, Bhiwani (for
short, "the MACT"). The driver was driving a tractor which was attached
to the trolley carrying goods. The MACT held that the same becomes
transport vehicle though the driver was having licence to drive motor
cycle, scooter, car, jeep arid light motor vehicle. There was no
endorsement to drive a transport vehicle. Thus, there was violation of
the conditions of the policy. Driver was not having a valid licence to
drive transport vehicle. Thus, after making payments to the claimant,
right of recovery have been given to the insurer from owner. The award
has been affirmed by the High Court. Hence present appeals.
3. This Court has considered the question whether the holder of
licence for light motor vehicle can drive tractor attached to the trolley
carrying goods and also whether separate endorsement is required
authorizing him to drive such a transport vehicle?
4. We have answered the question that driver having licence to
drive light motor vehicle can drive such a transport vehicle of LMV
class and there is no necessity to obtain separate endorsement, since
tractor attached with the trolley was transport vehicle of the category of
light motor vehicle. Hence, there was no breach of the conditions of the
policy.
5. Accordingly, in view of the answer given to reference by the
three Judge Bench of this Court in Mukund Dewangan vs. Oriental
Insurance Co. Ltd. etc. (Civil Appeal No.5826 of 2011), these appeals
have to be allowed and are hereby allowed. The right given to the
insurer to recover amount from owner is hereby set aside. The liability
is held to be joint and several of owner, driver and insurer. No costs.
Devika Gujral
Appeals allowed.
Lex