The interpretation of the driving license requirements and the definition of the tractor as a light motor vehicle under the Motor Vehicle Act influenced the court's decision.

Deepa Sharma, J.

1. In this case, a claim petition under Section 140 & 166 of the Motor Vehicle Act has been filed against the order dated 30th March, 2012 of the Tribunal whereby, the Tribunal has granted a compensation of Rs. 1,69,300/- and fixed the liability to make the payment upon the appellant.

2. The Tribunal has reached to the conclusion after the inquiry into the matter that, on 11th October, 2009, the claimant was driving a Car No. DL-3CZ-5249 and was going to his residence at Pratap Nagar. When he reached at Hindon Nehar ki patri in front of Mulla Colony, Delhi, a tractor No. UP-24J-8736 came in a very high speed and being driven in a rash and negligent manner from Kondli Pull side and hit his car. As a result, the claimant suffered fractures of both bones of leg. The claimant was removed to the hospital. An FIR No. 430/2009 was registered for the offence punishable under Section 279/338 IPC.

3. The contention of the Insurance Company, before the Tribunal was that there had been a violation of the Insurance Policy as the driver was not holding a valid and effective driving licence and also there was a breach of the terms and conditions of the policy.

4. On the basis of the evidences produced on record, the learned Tribunal fixed the liability to pay the compensation upon the appellant and rejected its claim for recovery rights, holding that there was no violation of terms and conditions of the policy and that the driver was holding a valid driving license.

5. Aggrieved by the said findings, the present appeal has been filed claiming the right to recovery of the compensation from the driver and owner of the offending vehicle.

6. The main contention of the appellant is that the Tractor was being driven on the road and was not being used for agricultural purposes and hence there is a breach of the policy conditions. It is also argued that the driver of the offending vehicle was not holding a valid driving license for driving the tractor.

7. The tractor was being driven on the road and it has to be driven on the road and simply because the tractor was being driven on the road does not amount to violation of terms and conditions of the policy. The appellant has failed to produce any evidence on record to prove that the tractor was being used at that time for the purpose other than the agricultural purpose. Evidence shows that the tractor was coming out of the field and this shows that the tractor was used for agricultural purpose. No evidence has been produced on record to show that the tractor has been used for any commercial purpose by the owner of the said tractor at the time of accident.

8. The next contention of the appellant is that the driver of the tractor was not having a valid driving license.

9. The witness of the respondent R3W1 has exhibited Form 54 as Ex. RW1/3 issued by Licensing Authority, Badaun, U.P. which shows that the driving license was valid for Motor cycle and LMV (non-transport). The trial court has dealt with the issue whether the tractor falls within the category of LMV (non-transport). The relevant paragraphs of the impugned order are reproduced as under:-

".........14. Ld. Counsel for insurance company contended that the respondent No. 1 was driving the tractor while he was having driving licence of LMV (NT) and a separate endorsement is required for driving the tractor hence there is a breach of policy conditions and insurance company is not liable.

15. I have gone through the material on record. The report on form 54 issued by Licensing Authority, Badaun, Ex. RW1/3 shows that driving licence of the respondent No. 1 was valid for motorcycle and LMV (non-transport). The tractor is defied in Sec. 2(44) of MV Act and reads as under:-

(44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller:

16. Light Motor Vehicle is defined in Sec. 2 Clause 21 of M.V. Act and reads as under:-

(21) "