A.R.GEETHA vs Oriental Insurance Co. Ltd.

COMPLAINANT before the District Forum is the petitioner before us. She was having a maxicab which met with an accident. The driver of the vehicle at that time was holding a licence to drive a light motor vehicle. The claim of the petitioner was denied by the respondent-Insurance Company on the ground that the driver was not holding licence to drive maxicab. Though the District Forum held in favour of the petitioner, on appeal filed by the respondent the order of the District Forum was reversed and the complaint dismissed. Aggrieved, petitioner has come to this Commission.

SECTION 3 of the Motor Vehicles Act, 1988 (for short ''Act'') requires a driving licence. (SECTION 3 was amended in 1994. That amendment is not material for our purposes). This section in relevant part we quote : "3. Necessity 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 authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than [a motor cab or motor cycle] 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."

Sub-section (1) of Section 10 deals with as to what is the form and contents of licences to drive. We refer to Section 10 of the Act before its amendment in 1994. Section 10 at that time reads as under : "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) motor cycle without gear; (b) motor cycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) medium goods vehicle; (f) medium passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger motor vehicle; (i) road roller; (j) motor vehicle of a specified description."

Section 3 uses the expression transport vehicle. This expression does not find mention in Section 10 and was introduced only after amendment of Section 10 in 1994.

SECTION 2(47) describes the ''transport vehicle'' which means a pubic service vehicle, a goods carriage, an educational institution bus or a private service vehicle. If we refer now definition of public service vehicle [SECTION 2(35)] it means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carrier. Light motor vehicle is also defined in SECTION 2(21) as under : "light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed [7500] kilograms;"

Maxicab also finds mention in Section 2(22) and it means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward.

WE have set out definitions of various expressions. Admittedly, maxicab which met with an accident was having the unladen weight of 1500 kilograms. WE do not think any argument needed to hold that it would be a transport vehicle. That being so the driver was having effective driving licence within the meaning of Section 3 of the Act. WE would, therefore, allow this petition, set aside the order of the State Commission and restore that of the District Forum. Petitioner will be entitled to cost which we assess at Rs. 2,000/-. Petition allowed with costs.