TaxTMI 
TaxTMI 
2001 (8) TMI 1463
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....ha 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 i....
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....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 s....
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....tegories 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. Th....