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TMI Blog2001 (8) TMI 1463X X X X Extracts X X X X X X X X Extracts X X X X ..... sha and Moinuddin were returning to the village Halbarga from village Ashtoor. While they were walking on the road a tractor bearing No. KA-39/M-3 came from the direction of Bidar. On seeing the tractor Chand Pasha raised his hand to stop it as there was a ditch. However the driver could not control the tractor and it dashed against these two persons. As a result of this Chand Pasha dies on the spot. 5. The legal representatives of deceased Chand Pasha lodged a claim Petition No. 12 of 1996 before the Additional MACT. Principal Civil Judge (Sr. Division), Bidar. They claimed a sum of Rs. 4,50,000/-. By its Award dated 12th August 1998 MACT held that the accident was due to a rash and negligent driving of the drive. It awarded compensation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Mr. S.C. Sharda appearing for the Respondent Insurance Company drew attention of this Court to the definitions of the terms "goods carriage", "tractor", "trailer" and "transport vehicle" in Sections 2(14), 2(44), 2(46) and 2(47) respectively of the Motor Vehicles Act, 1988. These reads as follows: "2(14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; 2(44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; 2(46) "trailer" means any vehicle, other than semi-trailer and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ategories of motor vehicles. The question is whether merely because a trailer was attached to the tractor and the tractor was used for carrying goods, the licence to drive a tractor becomes ineffective. In the argument of Mr. S.C. Sharda is to be accepted then every time an owner of a private car, who has a licence to drive a light motor vehicle, attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a transport vehicle and the owner would be deemed to have no licence to drive that vehicle. It would lead to absurd results. Merely because ea trailer is added either to a tractor or to a motor vehicle by itself does not make that tractor or motor vehicle a transport vehicle. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a tractor. The "effective driving licence" is thus for a tractor. The restriction on a learner driving the tractor when used for transporting goods shows that the policy itself contemplates that the tractor could be used for carriage of gods. The tractor by itself cold not carry goods. The goods would be carried in a trailer attached to it. That is whey the extra premium for trailer. The restriction placed on a person holding learner's licence i.e. not to drive when goods are being carried is not there for a permanent licence holder. Thus a permanent licence holder having a effective/valid licence to drive a tractor can drive oven when the tractor is used for carrying goods. When the policy itself so permits, the High Court was wrong in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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