2008 (1) TMI 983 - SC - Indian Laws

Summary

Issues involved: Appeal against judgment dismissing appeal against award by Motor Accident Claims Tribunal regarding driver's license validity for a vehicle involved in an accident.

Judgment Details:

Issue 1: Validity of driver's license
- Tribunal framed Issue No.3: Whether driver of offending vehicle was authorized to drive it?
- Tribunal held that driver had valid license as vehicle's unladen weight was less than 7500 kgs.
- High Court opined that even if driver did not have valid license, insurance company still liable for third-party claims.
- Appellant argued light motor vehicle cannot be a transport vehicle under Motor Vehicles Act.
- Respondent contended light goods carriage falls under light motor vehicle definition.
- Act defines light motor vehicle and medium goods vehicle, specifying weight limits.
- Rules require application in Form 4 for driving license, including light motor vehicle and transport vehicle categories.
- Amendments in 2001 substituted medium and heavy goods vehicles with transport vehicle in Form 4.
- License authorization for transport vehicle included light goods carriage vehicles.
- Amendments had prospective operation, validating driver's license for light goods vehicle.
- Appeal dismissed with costs of Rs. 25,000.

Conclusion: Driver's license for a light goods vehicle was deemed valid under the Motor Vehicles Act, holding the insurance company liable for the accident despite license validity concerns.