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TMI Blog2009 (2) TMI 935X X X X Extracts X X X X X X X X Extracts X X X X ..... 004, filed a claim application before the Tribunal, contending in that on the fateful day, when she had been standing near a turning known as `Hardi turning', a mini door Auto bearing registration No. MP-20G-9937 dashed against her as a result whereof she suffered injuries. She was taken to the District Hospital where she succumbed thereto on the next day. The deceased was aged about 45 years at the time of her death. She allegedly used to earn about Rs. 5,000/- per month by preparing `Donnapattals'. 4. Indisputably, the vehicle was a goods carriage vehicle which was owned by Respondent No. 7, Narendra, and was being driven by Respondent No. 6, Umesh. Before the Tribunal, a contention was raised that the driver of the vehicle did not possess a valid and effective driving licence. Overruling the said contention, an award of Rs. 1,83,000/- was made. 5. Claimants, as noticed hereinbefore, preferred an appeal there against. Appellant also filed a cross-objection. Inter alia, on the premise that the contribution to the family by the deceased would have been about Rs. 2,500/- per month and on deduction of conventional 1/3rd amount from her income, the annual loss of dependenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessity for driving licence. - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle other than a motor car or motorcycle hired for his own use or rented under any scheme made under Sub-section (2) of Section 75 unless his driving licence specifically entitles him so to do. (2) ... Section 9 provides for grant of driving licence. Section 10 prescribes the form and contents of licences to drive which is to the following effect: 10. Form and contents of licences to drive.- (1) Every learner's licence and driving licence, except a driving licence issued under Section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: (a) to (c) ... (d) light motor vehicle; (e) transport vehicle; (i) road Roller; (j) motor vehicle of a specified description. 10. The distinction between ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fice record the particulars of driving licence No. MP70/0/6436/03 are as under: 1. Name of Licence holder : Shri Umesh Gupta 2. Son of : Shri M.L. Gupta MP20/016436/03 3. Address : Karmata, Jabalpur 4. Date of issue : 30.7.2003 5. Date of expiry : 29.7.2023 6. Date of last renewal : 8.4.2013 7. Valid for : 8.4.2013 8. Class of vehicle : M/Cycle + LMV only 9. Paid Employee Endorsement if any." 13. The Central Government had framed Rules known as `Central Motor Vehicle Rules'. Form 4 prescribed therein provides for different columns for grant of a licence of light motor vehicle, medium goods vehicle or heavy goods vehicle. Rule 14 prescribes for filing of an application in Form 4 for a licence to drive a motor vehicle. An amendment was carried out on or about 28.3.2001 being JSR No. 221(E) in terms whereof, inter alia, licence which is to be granted in Form 6 requires a specific authorization to drive a `transport vehicle'. 14. The licence was granted to Respondent No. 6, Umesh, in 2003, i.e., after the said amendment came into force. The accident, as noticed hereinbefore, took place on 31.10.2004. 15. Licence having been granted for a period of 20 year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nless his driving licence specifically entitles him so to do (Section 3). Clauses (14), (21), (28) and (47) of Section 2 make it clear that if a vehicle is "light motor vehicle", but falls under the category of transport vehicle, the driving licence has to be duly endorsed under Section 3 of the Act. If it is not done, a person holding driving licence to ply light motor vehicle cannot ply transport vehicle. It is not in dispute that in the instant case, Ram Narain was having licence to drive light motor vehicle. The licence was not endorsed as required and hence, he could not have driven Tata 709 in absence of requisite endorsement and the Insurance Company could not be held liable. 38. We find considerable force in the submission of the learned Counsel for the Insurance Company. We also find that the District Forum considered the question in its proper perspective and held that the vehicle driven by Ram Narain was covered by the category of transport vehicle under Clause (47) of Section 2 of the Act. Section 3, therefore, required the driver to have an endorsement which would entitle him to ply such vehicle. It is not even the case of the complainant that there was such endorsem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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