The driver must hold an effective driving licence for the type of vehicle being driven, and the owner is responsible for ensuring compliance with this requirement.

Deepak Gupta, J. - This judgment shall dispose of the aforesaid two appeals arising out of the same Award passed by the Motor Accident Claims Tribunal-1, Solan in claim petition No. 79-S/2 of 1998 decided on 27.7.2002.

2. The facts relevant for the decision of the case are that the claimant Rajeev Verma was travelling on a scooter when he was hit by truck No. HP-14-4578, which was being driven by Sher Singh. This truck was owned by Rajeev Kohli and insured with National Insurance Company. The claimant alleged that he suffered various injuries and disability to the extent of 60% and claimed compensation. The claim petition was contested by the driver on the ground that in fact no accident had taken place. As far as the owner is concerned, in his reply he has only stated that the vehicle was duly insured with the National Insurance Company. The Insurance Company in its reply took up the plea that the driver did not have a valid driving licence and as such the Insurance Company was not liable.

3. The Tribunal on the basis of the evidence led before it held that the accident did take place. The driver of the truck Sher Singh was found to be negligent and it was held that the accident occurred due to his rash and negligent driving. The Tribunal further held that the claimant was entitled to compensation of Rs. 1, 72,800/-. Lastly the Tribunal held that the driver did not hold a valid and effective driving licence since the vehicle in question was a medium goods vehicle and the driver had a licence only to drive a light motor vehicle. It directed that the Insurance Company should deposit the amount of compensation in the first instance and would be entitled to recover the same from the owner.

4. FAO (MVA) No. 38 of 2003 has been filed by the Insurance Company and the main contention of the Insurance Company is that the Tribunal has erred in directing the Insurance Company to satisfy the award even though the driver did not have a valid driving licence. The next contention is that the amount of compensation granted is highly excessive. As far as the owner is concerned, the main ground raised by Mr.Harish Bahl, learned counsel for the owner in his Appeal FAO (MVA) No. 305 of 2003 is that the Insurance Company should not be held entitled to recover the amount from the owner in view of the judgment of the Apex Court in National Insurance Co. Ltd. v. Swaran Singh and others, 2004 ACJ 1.

5. The main question to be decided is whether the driver had a valid driving licence or not. Photocopy of registration certificate of the vehicle has been proved on record as Ex. R-4. It shows that the vehicle was registered as MGV (Medium Goods Vehicle). The gross vehicle weight or the registered laden weight of the vehicle is shown as 8770 kilograms. Light Motor Vehicle is defined in Section 2(21) of the Motor Vehicles Act, 1988 as follows: "2(21) "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 7500 kilograms." Medium goods vehicle is defined in Section 2(23) of the Act as follows: 2(23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle." Heavy goods vehicle has been defined in Section 2(16) of the Act as follows: 2(16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms."

6. It is thus clear that any goods vehicle the gross weight of which exceeds 7500 kilograms but does not exceed 12000 kilograms falls within the category of medium goods vehicle. It can definitely be said that it is not a light motor vehicle.

7. The driving licence of the driver shows that he was only entitled to drive a light motor vehicle. There is also an endorsement later made whereby he has been authorized to drive LTV (Light Transport Vehicle). However, i