The main legal point established in the judgment is that a driver with a valid and effective driving license to drive a light motor vehicle is not required to have an endorsement to drive a light commercial vehicle.

Mansoor Ahmad Mir, J.

Subject matter of this appeal is the award, dated 30th September, 2010, passed by the Motor Accident Claims Tribunal, Fast Track Court, Una, District Una, H.P. (for short, “the Tribunal”) in Claim Petition No.5 of 2006, titled Manmohan Singh vs. Sanjiv Kumar and another, whereby compensation to the tune of Rs.1,47,000/-, alongwith interest at the rate of 7% per annum from the date of filing of the claim petition till the payment is made, came to be awarded in favour of the claimant and the insurer was saddled with the liability, with right of recovery, (for short the “impugned award”).

2. The claimant and the insurer have not questioned the impugned award on any ground, thus, the same has attained finality so far as it relates to them.

3. Feeling aggrieved, the insured/owner has challenged the impugned award by the medium of instant appeal on the ground that the Tribunal has fallen into an error in granting right of recovery to the insurer.

4. Thus, the only question to be determined in this appeal is – Whether the insurer has rightly granted right of recovery in favour of the insurer. The answer is in the negative for the following reasons.

5. Admittedly, the appellant i.e. original respondent No.1, namely, Sanjiv Kumar was driving the offending vehicle (Mahindra Pick Up) bearing No.HP-36-3685 and was having a valid and effective driving licence to drive LMV (TPT) vehicles. Copy of the driving licence has been placed on record as Mark X, which would show that the driver was competent to drive a light motor vehicle transport and the said license was valid at the time of accident. The offending vehicle involved in the accident was Jeep, registration certificate of which has been placed on record as Mark Y, wherein it is mentioned that the unladen weight of the offending vehicle was 1610 kg. Thus, the offending vehicle, in terms of Section 2(21) of the Motor Vehicle Act, which is reproduced hereinbelow, comes under the definition of “light motor vehicle”.

“2. ………………… ……………….

(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 roadroller the unladen weight of any of which, does not exceed 7,500 kilograms.”

6. The above provision clearly shows that the vehicle, with unladen weight not exceeding 7,500 kilograms, would fall within the definition of “light motor vehicle”.

7. As has been discussed supra, the driver of the offending vehicle was having driving license to drive vehicles falling within the definition of “light motor vehicle”, thus, can be said to have a valid and effective driving licence, as has been held by this Court in catena of judgments, i.e. FAO No.125 of 2006, titled Oriental Insurance Company vs. Shashibala and others, FAO No.312 of 2012, titled Sukhvinder Singh and another vs. The New India Assurance Ltd. and others, etc.

8. This Court in series of cases i.e. FAO No.320 of 2008, titled Dalip Kumar and another vs. New India Assurance Company Ltd. & another, decided on 6th June, 2014, FAO No.306 of 2012, titled Prem Singh and others vs. Dev Raj and others, decided on 18th July, 2014 and FAO No.54 of 2012, titled Mahesh Kumar and another vs. Smt. Priaro Devi and Others, decided on 25th July, 2014, has discussed the issue and held that the driver having driving licence to drive Light Motor Vehicle is not required to have endorsement of “PSV” i.e. public service vehicle.

9. The Apex Court in latest decision, in Kulwant Singh and others vs. Oriental Insurance Company Limited, (2015) 2 SCC 186, has held that the driver who is having valid and effective driving licence to drive a Light Motor Vehicle is not required to have endorsement to drive a light commercial vehicle. It is apt to reproduce paragraphs No.10 and 11 hereunder:-

“10. In S. Iyyapan (supra), the question was whether the driver who had a licence to drive ‘light motor vehicle’ could drive ‘light motor vehicle’ used as a commercial vehicle, without obtain