The High Court of Jammu and Kashmir and Ladakh recently held that anyone who holds a driving license that allows them to operate a specific type of commercial vehicle is automatically be eligible to drive any other type of commercial vehicle.
Thus, a driver with a license to drive a heavy goods vehicle would be qualified to drive a passenger carrying vehicle, single-judge Justice Sanjay Dhar held.
The Court was hearing an appeal filed by an insurance company against an award passed by the Motor Accident Claims Tribunal (MACT) at Kathua in November 2008.
The award was passed in response to a claim appeal seeking compensation for the death of one Tejinder Singh, who was killed in 2002 when he was hit by a bus driven rashly and carelessly by its driver while riding his motorbike.
At the relevant moment, the bus in question was insured with the appellant-insurance firm.
Following that, the tribunal passed an award and ordered the insurance company to pay the respondents, who were the legitimate heirs of the deceased Tejinder Singh, ₹2.62 lakh in compensation.
The insurance company, feeling offended, filed the current appeal in the High Court, disputing the award on the grounds that the driver of the offending car did not have a valid and functioning driving license at the time of the accident.
The insurance company’s lawyer testified before the High Court that the offending vehicle was a passenger bus, and the driver had a license that only allowed him to drive heavy freight vehicles.
The driver did not have a valid and functional driving license because there was no endorsement on his driving license authorising him to operate a public service vehicle in accordance with Rule 4 of the Jammu and Kashmir Motor Vehicle Rules, according to the appellant.
According to the High Court, the question in this case is “whether a driver holding a license to drive a heavy goods vehicle is eligible to drive a passenger-carrying vehicle.”
The Court stated, after referring to the provisions of the Motor Vehicle Act of 1988, that a passenger-carrying vehicle is within the description of ‘transport vehicle’ as defined in Section 2(47) of the Motor Vehicle Act of 1988.
According to the Court, the modified clause (e) of Section 10(2) of the Motor Vehicle Act has substituted all forms of commercial vehicles with ‘transport vehicles,’ which comprise both goods vehicles and passenger-carrying vehicles.
As a result, anyone with a driving license that allows him to drive a specific type of commercial vehicle is automatically entitled to drive any other form of commercial vehicle, including passenger carrying vehicles, the Court decided.
As a result, the Court stated that the driver’s driving license was a genuine and functional license authorising him to drive the offending vehicle.
As a result, the High Court dismissed the Insurance company’s appeal against the award made by the MACT.
