Holder Of Heavy Goods Vehicle License Is Eligible To Drive Passenger Vehicle: Jammu & Kashmir & Ladakh High Court In Motor Vehicle Accident Case

The Jammu & Kashmir and Ladakh High Court has held that a driver holding a license to drive a heavy goods vehicle is eligible to drive a passenger vehicle under the provisions of the Motor Vehicles Act, 1988.

The Appeal was filed against the order of the Tribunal on the ground that the driver was authorised only to drive “Heavy Goods Vehicle”, however, he was driving “Passengers Commercial Vehicle” at the time of the accident.

The Bench of Justice Mohd Yousuf Wani observed, “In the instant case, respondent No.5, the driver, was holding a driving license which authorized him to drive a heavy goods vehicle. As already noted, heavy goods vehicles fall in the category of transport vehicle and the public service vehicle also falls in the same category. The driver in the instant case was, therefore, authorized to drive a class of vehicle which falls under the category of transport vehicle. Therefore, it can be safely stated that the driver was authorized to drive even a public service vehicle, which also falls in the same class i.e the class of transport vehicle.”

Advocate Dinesh Singh Chauhan represented the Appellant.

Case Brief

An Appeal was filed by the Insurance Company against the award of Motor Accidents Claims Tribunal on the ground that the driver of the offending vehicle stood permitted by the Licensing Authority to drive only “Heavy Goods Vehicle” as on the date of accident and had no authority to drive the “Passengers Commercial Vehicle”, without the necessary endorsement on the license to the effect of driving the “Passengers Service Vehicle.

Court’s Observation

The question before the Court was whether a driver holding a license to drive a heavy goods vehicle was eligible to drive a passenger vehicle.

Subsequently, the High Court referred to the definitions of the terms "goods carriage”, “heavy goods vehicle”, “transport vehicle” and “public service vehicle” as given in Section 2 of the Motor Vehicles Act, 1988.

The Court was of the opinion that a passenger carrying vehicle i.e a public service vehicle, as also a heavy goods vehicle i.e a goods carriage, fall within the definition of a “transport vehicle‟ as contained in the Act, 1988.

The Court noted that the driver was holding a driving license which authorized him to drive a heavy goods vehicle. “Therefore, it can be safely stated that the driver was authorized to drive even a public service vehicle, which also falls in the same class i.e the class of transport vehicle”, the Court added.

The High Court was of the view that the issue which came to be framed by the Tribunal on the pleading of the Appellant appears to have been adjudicated in accordance with law and there was no illegality in the adjudication of the said issue.

Further, the Court said, “The accident, which is subject matter of the instant case, has taken place in the year, 2007 i.e well after the coming into effect of aforesaid amendment, therefore, any person who was holding a driving license authorizes him to drive a particular type of commercial vehicle would automatically be eligible to drive any other type of commercial vehicle, meaning thereby that a driver holding a driving license to drive a heavy goods vehicle would be competent to drive a passenger carrying vehicle.”

Accordingly, the Appeal was dismissed.

Cause Title: National Insurance Co. Ltd. V. Naresh Kumar & Ors.

Appearance:

Appellants: Advocates Dinesh Singh Chauhan and Damini Singh Chauhan

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