9911796707
TMI Blog1999 (9) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... was made on account of damage caused to the motor vehicle belonging to the appellant and insured with the respondent. 2. Appellant was the owner of a Swaraj Mazda truck, a light motor vehicle bearing registration No. KA 28 567. The vehicle was insured with the respondent insurance company in the sum of ₹ 2,82,000 as per policy bearing No. MV/ 3440/91 for a period from February 17, 1991 to February 16, 1992. There is no dispute that the vehicle in question is a light motor vehicle weighing less than 6,000 kg. The vehicle met with an accident on November 26, 1991 and was completely damaged. Appellant lodged his claim with the insurer under the insurance policy covering the vehicle. Since the insurer refused to honour its commitment under the insurance policy, the appellant filed complaint with the State Commission claiming ₹ 5,61,000. State Commission allowed the claim of the appellant to the extent of ₹ 2,70,000 and granted him interest @ 18 per cent per annum with effect from the date of accident, i.e., November 26, 1991. The appellant also awarded cost amounting to ₹ 2,500. State Commission negatived the plea of the insurer that the vehicle was not being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. This Section uses two expressions, namely, "motor vehicle" and "effective driving licence". "Effective" would mean a valid licence both as regards the period and type of vehicle. We are not considering here otherwise any incapacity of the person holding a driving licence. "Driving licence", "Motor vehicle" or "vehicle", "transport vehicle", "light motor vehicle", "goods carriage", "heavy goods vehicle" and "medium goods vehicle" have been defined in Section 2 of the Act as under: driving licence" (Clause 10) means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; "motor vehicle" or "vehicle" [Clause (28)] means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rriage" then we have nowhere the definition of a "light motor vehicle" without it being a "goods carriage". Section 2 of the Act begins with the words "unless in this Act the context otherwise requires". We have therefore, to give a meaningful interpretation to "light motor vehicle" as given in Clause (21). Clause (e) of Rule 2 of the Central Motor Vehicle Rules, 1989 defines "non-transport vehicle" to mean a motor vehicle which is not a transport vehicle (Clause (e) renumbered as Clause (h) by 1993 Amendment to Rules). This definition would, therefore, take out of the definition of 'transport vehicle" as given in Clause (21) light motor vehicles which are not goods carriage. 7. Chapter V of the Act contains provisions for Control of Transport Vehicles. Under Section 66 of the Act falling under this chapter no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passenger or goods except in accordance with the conditions of permit granted by the prescribed authority authorising the use of the vehicle in that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of these facts and in the circumstances of the case, we are satisfied that the policy does not insist on the driver having a licence to drive, to obtain a specific endorsement to drive a transport vehicle." We, however, do not subscribe to such a view. 10. Definition of "light motor vehicle" as given in Clause (21) of Section 2 of the Act can apply only to a "light goods vehicle" or a "light transport vehicle". A "light motor vehicle" otherwise has to be covered by the definition of "motor vehicle" or "vehicle" as given in Clause (28) of Section 2 of the Act. A light motor vehicle cannot always mean a light goods carriage. Light motor vehicle can be non-transport vehicle as well. 11. To reiterate, since a vehicle cannot be used as transport vehicle on a public road unless there is a permit issued by the Regional Transport Authority for that purpose, and since in the instant case there is neither a pleading to that effect by any party nor is there any permit on record, the vehicle in question would remain a light motor vehicle. The respondent also does not say that any permit was granted to the appellant for plying t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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