IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2743 of 2000 (O&M) Date of decision:10.01.2014 Harbans Singh ..Appellant Versus Chetan Parkash and others ..Respondents II.
FAO No.2744 of 2000 (O&M) Harbans Singh ..Appellant Versus Ramesh and others ..Respondents CORAM: HON’BLE Mr.JUSTICE K.
KANNAN ---- Present:- Mr.R.N.Lohan, Advocate, and Mr.Naveen Kumar, Advocate, for the appellant.
Mr.Kulwant Singh Dhanora, Advocate, for respondent No.1.
Mr.D.K.Dogra, Advocate, for Insurance Company.
---- K.Kannan, J.
(Oral) 1.
Both the appeals are at the instance of the owner of the offending vehicle to redress the grievance that he had been made liable and the Insurance Company has been exonerated.
2.
It was a case of collision between a scooter and a jeep that was fit to carry 10 passengeRs.It qualified for a term “Maxi Kumar Sanjeev 2014.01.17 17:18 I attest to the accuracy and integrity of this document chandigarh FAO No.2743 of 2000 (O&M) -2- Cab”.
and the driver had a driving licence to drive a car and not a maxi cab.
The requirement of law under Section 3 of the Motor Vehicles Act is that the driver should have an effective driving licence.
Effective has been held by the Supreme Court in Ashok Gangadhar Maratha Versus Oriental Insurance Company Limited-AIR1999SC3181as a valid licence both as regards period and type of vehicle.
I have seen through the RC book issued for the vehicle that the category of vehicle is given as LMV and the number of passengers that could be carried as 10.
The form of driving licence which the Central Motor Vehicles Rules provides under form VI sets out a category as the light motor vehicle as distinguished from transport vehicle and medium passenger motor vehicle.
There is no particular category as maxi cab for which any separate licence is contemplated.
Consequently, a person, who has a driving licence to drive a light motor vehicle must be taken to be competent to drive the vehicle which the RC book reveals as a light motor vehicle.
The driver must therefore be taken as duly licensed and the exoneration of liability made by the Tribunal must be taken to be erroneous.
The award in so far as it exonerated the liability of the Insurance Company is set aside and both the appeals filed by the owner are allowed.
(K.KANNAN) JUDGE1001.2014 sanjeev Kumar Sanjeev 2014.01.17 17:18 I attest to the accuracy and integrity of this document chandigarh