A driver must possess the appropriate licence for the class of vehicle involved in an accident. A person with a valid licence to drive a Light Motor Vehicle is not authorized to drive a light goods vehicle.

G.P. MITTAL, J

1. The Appellant Balwan Singh impugns the judgment dated 17.04.2007 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 3,08,000/-in favour of the Second Respondent, the Claims Tribunal granted right to the First Respondent (the Insurer) to recover the compensation paid from the Appellant who was the owner of the offending vehicle number HR-14-A-5846.

2. By the impugned judgment, the Tribunal held that the driver i.e. the Third Respondent by virtue of driving licence Ex.PW-1/4 was authorized to drive a motor cycle and LMV (NT) and thus, he was not authorized to drive a tractor trolley (tractor + trolley).

3. The Learned counsel for the Appellant referred to a decision of this Court in Oriental Insurance Company Limited v. Smt. Sushma & Ors. MAC APP. 503/2006 (decided on 01.09.2008) wherein this Court while analyzing the definition of Light Motor Vehicle (LMV) as given in Clause 21 of Section 2 of the Motor Vehicles Act (the Act) held that wherever unladen weight of a vehicle is less than 7,500/-kg., it would be covered within the definition of LMV irrespective of the fact that it was a transport vehicle or a non-transport vehicle. Though, it was not disputed before the Claims Tribunal that a tractor while pulling trolley would be a transport vehicle, I would like to refer to the Notification number 1248 (E), dated 05.11.2004 issued by the Central Govt. whereby the transport vehicles have been differentiated from the non-transport vehicles. The Notification is extracted hereunder:-

Sr. No. i ii iii Transport Vehicles Sr. No. Motor cycle with side car for carrying goods. i Motor cycle with trailer to carry goods ii Motor cycle used for hire to carry one passenger on pillion and motorised cycle – rickshaws for goods or passengers on hire. iii Non-Transport Vehicles Motor cycle with or without car for personal use. mopedsand Motorised Cycle (Engine Capacity exceeding 125 cc.) Invalid carriage.

iv Luxury cabs iv Three wheeled vehicles for

v Three wheeled vehicles for transport of passenger/goods V Motor car

vi Goods carrier trucks or tankers or mail carriers (N1 – N3 category) vi Fork lift

vii Power tiller and Tractors using public roads. vii Vehicles/trailors fitted with equipments like Rig,generator,compressor

viii Mobile Clinic or X-Ray Van or Library Van. viii Crane mounted vehicle

ix Mobile workshops. ix Agriculture Tractor and power tiller.

x Mobile canteens x Private Service Vehicle, Registered in the name of an individual and if declared to be used by him solely for personal.

xi Private Service Vehicle xi Camper Van or trailer for private use.

xii Public Service Vehicle such as Maxi cab, Motor cab, stage carriages and contract carriages including tourist vehicles. xii Tow trucks, Brakedown van and Recovery vehicles

xiii Educational Institution buses xiii Tower Wagons and tree trimming vehicles owned by Central, State and local authority.

xiv Ambulances xiv Construction Equipment Vehicles as defined in rule 2 (ca).

xv Animal ambulances

xvi Camper vans/trailers

xvii Cash Vans

xviii Fire tenders, snorked, ladders, auxillary trailers and fire fighting vehicles

xix Articulated Vehicles

xx Hearses

xxi Omnibus

4. In Natwar Pariksh & Co. Ltd. v. State of Karnataka & Ors., (2005) 7 SCC 364, a three Judges Bench of the Supreme Court held that even though a trailer was drawn by motor vehicle, it by itself being a motor vehicle the tractor trolley would constitute a goods vehicle under Section 2(14) and would consequently be a transport vehicle under Section 2(47). Para 24 of the report is extracted hereunder:-

“24. Section 2(28) is a comprehensive definition of the words "motor vehicle". Although, a "trailer" is separately defined under section 2 (46) to mean any vehicle drawn or intended to be drawn by motor vehicle, it is still included into the definition of the