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2016 Supreme(Online)(Kar) 11

KARNATAKA HIGH COURT
Anand Byrareddy, J.
National Insurance Co. Ltd. v. Gangadhar and Another
M. F. A. No. 21080 of 2009



1. These appeals are heard and decided by this common judgment having regard to common questions, albeit with some variation, that arise for consideration.
The questions are:
(a) Whether a driver possessing a licence to drive a light motor vehicle (non - transport), having caused an accident while driving a light goods vehicle (or a medium, or a heavy goods vehicle, or a passenger carrying commercial vehicle) would yet attract the liability of the insurer to meet a claim for compensation by a victim or his representatives?
(b) Whether a driver possessing a licence to drive a transport vehicle, but which had expired on the date of accident, but had been subsequently renewed, would attract the insurer's liability?
(c) Whether the above questions are any longer res integral

2. After having heard the learned counsel, Mr. S.K. Kayakamath and Mr. Ravindra R. Mane, appearing for the respective appellants, and Mr. Dinesh M. Kulakami, Mr. V. Shivaraj Hiremath, Mr. S. M. Kalwad, Mr. Ganapati M. Bhat, Mr. Laxman T. Mantagani, Mr. M.M. Hiremath, Mr. Rajashekhar R. Gunjalli and Mr. Hanumanthareddy Sahukar, appearing for the respective respondents, it is convenient to take stock of the legal provisions and the case - law in the first instance and to address the last of the above points for consideration, in answering the first two.

3. A 'driving licence' is defined under S.2 (10) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the MV Act', for brevity) as meaning a licence issued by the competent authority prescribed, authorising a person to drive a motor vehicle of a specified class or description.

4. S.3 of the MV Act prohibits a person from driving a 'transport vehicle', unless his driving licence specifically entitles him so to do.

5. A 'goods carriage' is defined as any motor vehicle constructed or adapted for use solely for the carriage of goods, or a vehicle not so constructed or adapted when used for the carriage of goods.

6. A 'light motor vehicle' is defined under S.2 (21) to mean a transport vehicle or omnibus, the gross weight of either of which does not exceed 7,500 kilograms; or a motor car, or tractor or a road - roller, the unladen weight of which does not exceed 7,500 kilograms.

7. A 'transport vehicle' is defined under S.2 (47) of the MV Act, to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.

8. In terms of sub-section (4) of S.41 of the MV Act, in addition to the particulars to be included in the certificate of registration of a vehicle, it shall also specify the type of the motor vehicle, having regard to the design, construction and use of the motor vehicle as notified by the Central Government in the Official Gazette. As per S.O. 1248(E) dated 5.11.2004, published in the Gazette of India Extraordinary, Part II, S.3 (ii) dated 5.11.2004, the Central Government has specified the types of motor vehicles as mentioned in columns 1 and 2 of the Table below for the purposes of S.41 (4) of the MV Act:

9. It is also significant to notice that under S.14 of the MV Act, the currency of licences to drive motor vehicles varies:
(a) A 'learner's licence' is effective for a period of 6 months.
(b) A licence to drive a 'transport vehicle' is issued or renewed for a period of 3 years. (It could be 1 year if the vehicle is used to carry goods of a dangerous or hazardous nature).
(c) Any other licence, other than the above, would be effective for a period of twenty years in respect of a person aged below 50, until he attains the age of 50.
(d) If a person is aged 50 on the date the licence is issued or renewed, it would be effective for a period of 5 years.
Every driving licence issued under (b), (c) and (d), above, would notwithstanding its expiry, continue to be effective for a period of 30 days.

10. One other development that is relevant is the amendment of sub-section (2) of S.10 by the Motor Vehicles (Amendment) Act, 1994. In the said section, the following kinds of v


















































































































































































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