2008 (1) TMI 983

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Tribunal  for short) in M.V.C No.124/2000. 3. The 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 ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Supreme Court referred at Sl. No.1 Adv. for petitioners it is very much clear that 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 vehicl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ained in Section 2(21) of the Motor vehicles Act, 1988 ( Act  for short), a light goods carriage would come within the purview thereof. A  light goods carriage  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.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....icles of the following description: (d) Light motor vehicle (e) Medium goods vehicle (g) Heavy goods vehicle (j) Motor vehicles of the following description:....  After amendment the relevant portion of Form 4 reads as under:  I Apply for a licence to enable me to drive vehicles of 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....