The obligation on the driver to hold an effective driving licence for the type of vehicle being driven, as mandated by the Motor Vehicles Act, 1988.

Mansoor Ahmad Mir, J.

These appeals are directed against the award dated 29th November, 2006, passed by the Motor Accident Claims in MAC Petition No.24 of 2004 RBT 51 of 2005, titled Trishla Devi & others vs. Jai Kumar & others, whereby a sum of Rs.4,51,100/-alongwith interest at the rate of 6% per annum came to be awarded as compensation in favour of the claimants and against the insurer (for short the “impugned award”).

2. In FAO No.55 of 2007, the insurer has questioned the impugned award on the ground that the driver, namely, Jai Kumar of the offending vehicle was not having the valid and effective driving licence, the owner has committed willful breach of the terms and conditions of the insurance policy read with the mandate of Section 149 of the Motor Vehicles Act, 1988 (for short “the M.V. Act”). Thus, the Tribunal has fallen in error in saddling the insurer with liability to satisfy the award.

3. In FAO No.42 of 2007, the claimants have sought enhancement of compensation on the grounds taken in the memo of appeal read with the claim petition.

4. I have gone through the claim petition and perused the record. The Tribunal, after scanning the evidence, oral as well as documentary, rightly held the claimants are entitled to compensation to the tune of Rs.4,51,100/-, is just and appropriate compensation.

5. In view of the facts and circumstances of the case, the Tribunal has rightly saddled the insurer with liability for the following reasons. This Court in judgment dated 25th July, 2014, passed in FAO No.54 of 2012, tilted Mahesh Kumar and another vs. Smt. Piaro Devi and others held that the driver who was having the effective and valid driving licence to drive the light motor vehicle portion of the judgment herein:

“10. I deem it proper to reproduce the definitions of “driving licence”, “light motor vehicle”, “private service vehicle” and “transport vehicle” as contained in Sections 2(10), 2(21), 2(35) and 2(47), respectively, of the MV Act herein:

“2. …..............

(10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than a learner, a motor vehicle or a motor vehicle of any specified class or description.

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“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 7,500 kilograms.

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(35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage.

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(47) “transport vehicle” means a public service vehicle, a goods carriage , an educational institution bus or a private service vehicle.”

11. Section 2(21) of the MV Act provides that a “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 Section 2(35) of the MV Act gives the definition of a “public service vehicle”, which means any vehicle, which is used or allowed to be used for the carriage of passengers for hire or reward and includes a maxicab, a motorcab, contract carriage and stage carriage. It does not include light motor vehicle (LMV). Section 2(47) of the MV Act defines a “transport vehicle”. It means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.

12. At the cost of repetition, definition of “light motor vehicle” includes the words “transport vehicle” also. Thus, the definition, as given, mandates the “light motor vehicle” is itself a “transport vehicle”, whereas the definitions of other vehicles are contained in Sections 2(14), 2(16), 2(17), 2(18), 2(22), 2(23) 2(24), 2(25), 2(26), 2(27), 2(28) and 2(29) of the MV Act. In these definitions, the words “transport vehicle” are