The main legal point established in the judgment is that a driver must hold a valid license for the specific category of vehicle being driven, as per the Motor Vehicles Act.

Mr. Justice K.D. Shahi, Chairman—This is an appeal against the judgment and order dated 15th May, 1995 passed by the District Forum, Pithoragarh allowing a claim of Rs. 84,000/- along with interest and compensation of Rs. 5,000/- in favour of the complainant.

2. The brief facts of the case are that the complainant was the owner of mini truck canter 1988 model, No. UP 03/0322. It was insured. During the insurance period on 9.5.1991, it met with an accident. The claimant lodged the claim with the Insurance Company. The Surveyor assessed the loss of Rs. 84,000/-. The claim was repudiated by the Insurance Company. The claimant filed a complaint. The Insurance Company, inter alia, contested on the ground that the vehicle was a medium goods vehicle where the driver of the vehicle had a licence for driving a light motor vehicle. The vehicle was, therefore, being driven by a person who had no valid licence to drive the vehicle at the time of accident. This is the only point which was agitated in this appeal.

3. We have heard the learned Counsel for the parties and gone through the records. It is admitted fact that the vehicle is a mini truck canter 1988 model. Insurance is also admitted. It is also admitted that the driver Shri Dinesh Chandra was holding a licence only for driving Light Motor Vehicles. It was endorsed for all hill routes of Kumaon region. It is admitted fact that he was not holding any licence for driving a medium motor vehicle.

4. The learned Counsel for the claimant contended that the impugned vehicle was a light motor vehicle and the driver was legally competent to drive it. We have to see whether this was a medium goods vehicle or a light motor vehicle. For this, the provisions of Motor Vehicles Act, Section 2(21) was referred which reads as under :

“light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6,000 kilograms.”

While reading this Section, the learned Counsel for the complainant mis-read it and argued that light motor vehicle means the unladened weight of which does not exceed 6,000 kilograms. The Section is in two parts. First part is a transport vehicle or omnibus, gross weight of either of which does not exceed 6,000 kilograms. The other part is a motor car or a tractor or a road-roller, the unladened weight of any of which does not exceed 6,000 kilograms.

5. Admittedly, this is not a motor car or a tractor or a road-roller. This is a transport vehicle which has been defined under Section 2(47) as a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Admittedly, this is a goods carriage. Therefore, that transport vehicle can be a light motor vehicle, the gross weight of which does not exceed 6,000 kilograms.

6. It is admitted fact that the unladened weight of this vehicle was 3,340 kgs. and ladened weight i.e., gross vehicle weight was 8,340 kgs. This has also been shown in the registration certificate issued by the Transport Authorities.

7. A very fantastic argument was advanced by the learned Counsel for the claimant that the vehicle at the time of accident was empty and it has got total load of only 3,440 kgs. Therefore, this will be a light motor vehicle only. If this argument is taken to be correct, the same truck shall be light motor vehicle when it is unladened and it shall become medium goods vehicle when it is loaded. But the definition of the gross vehicle weight has also been given by the Act provided under Section 2(15) of the Act which reads as under :

“gross vehicle weight means in respect of any vehicle the total weight of the vehicle and load certified and registered by the Registering Authority as permissible for that vehicle.”

8. The gross vehicle weight means load certified by the Registering Authority as permissible for that vehicle. Thus, what is necessary is that it should be certified weight that