The main legal point established in the judgment is the importance of interpreting statutes based on the plain meaning of the words, as well as the distinction between different types of vehicles under the Motor Vehicles Act, 1988, which influenced the court's decision.

PRATIBHA RANI, J.

1. The Claim Petition No.954/2008 was filed by Sh.Bijender Singh in respect of the injuries suffered by him on 07.04.1997 on being hit by Tractor No.HR-11-5980. After inquiry, the learned Motor Accident Claim Tribunal while awarding a total compensation of Rs.8,40,800/- to the claimant/injured, denied recovery rights to the insurance company.

2. Feeling aggrieved by the impugned award denying recovery rights, the instant appeal has been preferred by the insurance company.

3. Mr. Amit Gaur, learned counsel for the insurance company has submitted that the offending vehicle was a Tractor whereas the driver was holding a licence to drive light motor vehicle (LMV). He has further submitted that the endorsement is required to be made to authorize a person to drive a Tractor which was not there on the driving licence of the driver i.e. respondent No.2 herein. Hence, the learned Tribunal should have granted recovery rights to the insurance company as the offending vehicle i.e. the Tractor was being driven by a person who was not holding a valid driving licence to drive a Tractor. Learned counsel for the appellant has relied upon Oriental Insurance Company Ltd. vs. Mekh chand & Ors. 2013 ACJ 1663, National Insurance Company Ltd. vs. Shinder Kaur 1998 (2) ACJ 880 and M/s. Punjab Tractors Ltd. vs. Harinder Singh & Ors. 2015 ACJ 1691 in support of his contentions.

4. In the case National Insurance Company Ltd. vs. Shinder Kaur (Supra) a Division Bench of Punjab and Haryana High Court has examined the issue as to whether a driver holding a driving licence authorizing to drive motor car/scooter, can be held to be holding a valid driving licence for driving a Tractor also. This issue has been examined in paras 8 to 11 of the report, as under:-

‘8. As regards the controversy if the driver Harbans Singh had the licence to drive the tractor or not, the trial Court referred to the definition of "Light Motor Vehicles" occurring under subsection (21) of Section 2 of the Act. The same reads:--

"(21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of. either or which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed (7,500) kilograms."

It certainly shows that it includes a tractor. But in this regard one cannot ignore the definitions of Sub-sections (26) and (27) of Section 2 which are also being reproduced below for the sake of facility :--

"(26) "motor car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage."

(27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable sidecar having an extra wheel, attached to the motor vehicle."

The above quoted definitions clearly indicate that in the definition of motor car, the tractor is not included. It may be a light motor vehicle for purposes of Sub-section (24) of Section 2 of the Act. But it will not be a motor car as explained above, because of the definition of the said expression under Sub-section (24) of Section 2. These findings get support from the fact that expression "tractor" has specifically been defined under Sub-section (44) of Section 2 which means a motor vehicle which is not itself constructed to carry any load other than equipment used for purpose of propulsion. Indeed it is clear beyond any pale of controversy that a motor car is not a tractor.

9. Reverting back to the facts it is clear that appellant had examined Ashok Kumar a clerk from the Transport Department as RW-2. He has deposed from the record with respect to the licence that had been granted to Harbans Singh. He deposed further that Harbans Singh had applied for issuance of a driving licence with respect to a scooter/car. The original application was submitted in Court which is Ex. R-2. He added that a notification had been issued regarding issuance of driving licences pertaining to different vehicles. Ex. R-1 is the copy of the driving licence