9911796707
TMI Blog2008 (1) TMI 983X X X X Extracts X X X X X X X X Extracts X X X X ..... he fact of the matter relevant for the purpose of disposal of this appeal is as under : The vehicle involved in the accident was a Matador Van bearing registration No. KA-23/2890. It had a Goods Carriage permit granted in terms of Form No.7 of the Motor Vehicles Act. It was insured with the appellant. The said vehicle met with an accident on 9.12.1999 causing death of one Gangawwa wife of the respondent No.1 herein. A contention was raised on behalf of the appellant that the driver of the said vehicle did not possess an effective licence to drive a transport vehicle. 4. An issue (being Issue No.3), inter alia, was framed in that behalf before the Tribunal, which reads as under: Whether the R-3 proves that driver of offending vehicle was n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t RW1 is having valid DL as per Exh.D3 and the offending vehicle unladen weight is 3500 kgs. is certainly was having effective and valid DL and so R3 has failed to prove the issue No.3 and accordingly I answer the same in the negative. 6. The High Court on an appeal preferred by the appellant herein opined : Counsel for the appellant-Insurance Company, questioning the liability, contended that the driver did not possess a valid licence to drive LMV. According to the respondents, the driver had driving licence to drive LMV, a transport vehicle. According to the appellant, the vehicle in question involved in the accident is a transport vehicle. The said contention cannot be accepted by this Court, in view of the fact that claimants are th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age having not been defined in the Act, the definition of the light motor vehicle clearly indicates that it takes within its umbrage, both a transport vehicle and a non-transport vehicle. Strong reliance has been placed in this behalf by the learned counsel in Ashok Gangadhar Maratha vs. Oriental Insurance Company Ltd., [1999 (6) SCC 620]. 9. The Motor Vehicles Act, 1988, which was enacted to consolidate and amend the law relating to motor vehicles, is a complete code. 10. Section 2 of the Act provides for interpretation of the terms contained herein. It employs the words unless the context otherwise requires . Section 2(16) of the Act defines heavy goods vehicle to mean any goods carriage the gross vehicle weight of which, or a tractor o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the following description: (d) Light motor vehicle (e) Transport vehicle (j) Motor vehicles of the following description:.... 14. Rule 14 prescribes for filing of an application in Form 4, for a licence to drive a motor vehicle, categorizing the same in nine types of vehicles. Clause (e) provides for Transport vehicle which has been substituted by G.S.R. 221(E) with effect from 28.3.2001. Before the amendment in 2001, the entries medium good vehicle and heavy goods vehicle existed which have been substituted by transport vehicle . As noticed hereinbefore, Light Motor Vehicles also found place therein. 15. Light Motor Vehicle is defined in Section 2(21) and, therefore, in view of the provision, as then existed, it included a light tra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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