Which kind of licence required for LMV LGV HGV HTV MGV

Which kind of licence required for LMV LGV HGV HTV MGV

 

Hon'ble Apex Court in the case of Mukund Dewangan v/s

Oriental insurance Company, reported in 2016 (0) Supreme

144, after considering series of Judgments has referred the issue

qua – whether for the drivers having licence to drive LMV there

is a necessity of obtaining endorsment to drive the Transport

vehicle when the Transport vehicle is of class LMV Driver was holding licence to ply ‘light motor vehicle’ drove ‘pick up jeep’ which is transport vehicle whether IC is liable held ;no.

e.f 29.03.2001, no person can said to hold an effective driving licence to drive transport vehicle if he only holds a licence entitling him to drive ‘light motor vehicle’ when there is no endorsement on driving licence to drive transport vehicle, IC is not liable. 2008 ACJ 721 (SC), 2011 ACJ 2115

(HP), 2014 ACJ 1128.

But see 2014 ACJ 1117 Tractor whether Non transport

vehicle or not – which kind of licence is required.

Driving licence liability of IC‘ light motor vehicle’driver had licence to ply auto rickshaw and was driving auto rickshaw delivery van, which caused accident Tribunal held that driver was not holding valid licence whether sustainable held ; no further held that use of vehicle for carriage of goods does not take the auto rickshaw outside the scope and definition of ‘light motor vehicle’, which includes a transport vehicle whose gross vehicle weight does not exceed permissible limit of 7500kg  lastly held that driver was holding valid licence to drive and IC is liable. 2011 ACJ 1592 (ORI), 2014 ACJ 1037,

2014 ACJ 2148, 2014 ACJ 2259 (All), 2014 ACJ 2471 (Guj),

2014 ACJ 2703 (P&H).

Motor Vehicles Act, 1988 u/s. 149, 163A, 166 and 170 Vehicle

was used as a commercial vehicle Driver was holder of licence to drive LMV Driver not holding licence to drive commercial vehicle Breach of contractual condition of insurance Owner of vehicle cannot contend that he has no liability to verify as to whether driver possessed a valid licence Extent of third party liability of insurer Death of a 12year girl in accident Claimants are from poor background After having suffered mental agony, not proper to send them for another round of litigation Insurer directed to pay to claimants and then recover from the owner in view of Nanjappan's case [2005 SCC (Cri.) 148].

Motor Vehicles Act, 1988 S. 10(2) motor accident claim liability

of insurer appellant insurance company cannot be held liable to pay the amount of compensation to the claimants for the cause of death in road accident which had occurred due to rash and negligent driving of scooterist who admittedly had no valid and effective licence to drive the vehicle on the day of accident scooterist was possessing driving licence of driving HMV and he was driving totally different class of vehicle which act of his is in violation of S. 10(2) of the Act. 2008(12) SCC 385 – Zahirunisha.

Death of workman who was sitting on the mudguard IC sought to avoid its liability on the ground that driver was holding License to drive heavy transport vehicle but he was driving tractor which did not conform to the particular category License for higher category of vehicle will not amount to valid and effective DL to drive a vehicle of another category  IC is held not liable. 2012ACJ 179.

Licence endorsement on licence Specific endorsement to ply a transport vehicle is necessary.

2013 ACJ 487 & 668 – IMP Relied

on 2006 ACJ 1336Kusum Rai, 2008 ACJ 627 N.I. A.Co. v/s Prabhulal , 2008 ACJ 721, N.I.Com. v/s Annappa Irappa Nesaria (wherein it is held that endorsement is required from 28.03.2001), 2009 ACJ 1141, O.I.Com. v/s Angad Kol (wherein it is held that for non passenger/ non transport vehicles, licences are issued for 20 years whereas for passengers vehicles they are issued for 3 years only).

LMV whether tractor is light motor vehicle? Held ; yes, as defined u/s 2(21) of the Act. 2013 ACJ 1160, 2014 ACJ – Sudha v/s Dalip Singh (P&H), 2014 ACJ 2817 (Chh).

Tractor is LMV and Car /Jeep are also LMV and, therefore, driver who was holding DL to drive LMV (Car/Jeep) can also drive Tractor. 2013 ACJ 2679 Ghansham  v/s O.I.Com.

Tractor – DL LMV & HTV Tractor is defined u/s 2(44)Whether

for driving Tractor, separate licence is required? Held ; Yes.

2014 ACJ 854 (P&H).

Badge Vehicle of same category 2014 ACJ 1180

LMV can be equated with LGV for the purpose of Driving Licence

(DL)? Held – yes. Same cannot be termed as breach of IP.

2014 ACJ 2873 (SC) Kulwant Singh v/s OI Com. S. Iyyappa v/s UII Com, 2013 ACJ 1944 followed.

DL LMV – LGV – Accident occurred prior to the amendment which came into effect from of 21.03.2001 Driver was holding DL to drive LMV but was driving LGV – Whether IC can be held liable? Held ; Yes.

2008 ACJ 721(SC) Annappa Irappa Nesaria. 2014 ACJ 1828 (Raj).

Motor Vehicles Act, 1988 u/s. 149, 163A, 166 and 170

Vehicle was used as a commercial vehicle Driver was holder

of licence to drive LMV Driver not holding licence to drive

commercial vehicle Breach of contractual condition of insurance Owner of vehicle cannot contend that he has no liability to verify as to whether driver possessed a valid licence Extent of third party liability of insurer Death of a 12year girl in accident Claimants are from poor background After having suffered mental agony, not proper to send them for another round of litigation Insurer directed to pay to claimants and then recover from the owner in view of Nanjappan's case [2005 SCC (Cri.) 148].

2006(2) GLH 15 (SC) – N.I.A Com v/s Kusum Rai.

Following Kusum Rai judgment, Delhi High Court in the case of

O I Com. v/s Shahnawaz, reorted in 2014 ACJ 2124 has held

that driver of offending vehicle was possessinng lincence to ply

LMV (Nontransport) but was plying Tata Sumo registered as

Tourist Taxi and, therefore, IC is not liable to pay compensation.

Liability of IC to avoid liability, IC had to prove that

owner of the vehicle knew that driver was not having valid

driving licence driver was having licence to ply LMV, MGV and

HGV IC did not led any evidence to prove that owner knew

about driver being incompetent to ply passenger vehicle.

2012 AAC 3302 (J & K) N.I. Com. v/s Mst. Bakhta., 2014

ACJ 1037.

Central M.V. Rules

Rule 16 Tractor Driving licence

Rule 16 provides that every licence issued or renewed shall be in

Form VI which provides for grant of licence in respect of LMV or

Transport Vehicle amongst other categories but there is no

specific entry for issuance of licence for driving a Tractor. As per

Section 2(44), by definition Tractor is LMV and, therefore, when

driver has licence to ply LMV, he can also ply Tractor. 2014

ACJ (P&H).

DL – Valid DL – IC disputed its liability on the ground that driver of offending vehicle was holding DL for driving LMV but actually at the time accident, he was driving LMV (commercial) – liability to prove that driver of offending vehicle had no valid DL at the time accident, is on the shoulder of IC. 2015

ACJ 340 (Del) but also see 2015 ACJ 576 (AP).