IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 185 of 2010 Date of decision: 9.5.2011 New India Assurance Company ..Appellant. Versus Tika Ram and others. …Claimants. Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? Yes For the appellant: Mr. B.M Chauhan, Advocate. For the respondents: Mr. V.S. Chauhan, Advocate for respondent No.1. Mr. C.N. Singh, Advocate for respondents No. 2 and 3. _____________________________________________________ Deepak Gupta, J(oral). The only question which arises in this appeal is whether a person holding a licence entitling him to drive a light motor vehicle is also entitled to drive a two wheeler scooter or motor cycle or not? 2. Mr. B.M. Chauhan, learned counsel for the Insurance Company, has contended that a person holding a driving license for L.M.V. which has four wheels is not entitled to drive a motor vehicle of two wheels for which a separate license or endorsement is 2 required. In support of her submission, learned counsel has referred to the definition of `driving license’ in Section 2(10) of the Act which reads as follows:-- “2(10) “driving licence’ means the licence issued by a competent authority under Chapter II authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; Reference has also been made to the definition of light motor vehicle in Section 2(21) which reads as follows:- “2(21) “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.” Motor Cycle has been defined in Section 2(27) of the Act as follows: “2(27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle.” Section 3 of the Act makes it necessary for a person to have driving license. Section 3(1) of the Act reads as follows:- “3(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to 3 drive the vehicle; and no person shall so drive a transport vehicle (other than a motorcar or motor cycle) hired for his own use or rented under any scheme made under sub-section (2) of Section 27 unless his driving license specifically entitles him so to do.” A driving license is issued under Section 9 of the Act. Section 9(6) of the Act provides as follows:- “9(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.” Section 10 of the Act prescribes the form and contents of driving license. It reads as follows: “10. Form and contents of licenses to drive.-(1) Every learner’s license and driving license, except a driving license 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 license or, as the case may be, driving license 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; 4 (d) light motor vehicle; (e) transport vehicle; (i) road roller; (j) motor vehicle of a specified description.” Rule 16 of the Central Motor Vehicle Rules provides that the driving license should be in Form 6 or 7. Relevant portion of Form 6 which is the form for issue of driving license reads as follows:- “The holder of this licence is licensed to drive throughout India vehicles of the following description:- Motor cycle without gear Motor cycle with gear Invalid carriage Light motor vehicle Transport vehicle Medium passenger motor vehicle” 3. A scooter has not been defined under the Motor Vehicles Act and a scooter will fall under the definition of Motor Cycle, as quoted above. In Section 2(21) light motor vehicle has been defined to mean a transport vehicle or omnibus or motor car or tractor or road-roller with a weight of above 7500 kilogram. It is pertinent to note that all the vehicles included are four wheeled vehicles and a motor cycle has not been included in the definition of L.M.V. This stands to reason also. A person who can drive a scooter may not 5 be able to drive a car. Similarly, a person who can drive a car need not necessarily have the capability to drive a motor cycle. The technique for driving two wheelers is totally different from the technique required for driving four wheeled vehicles. 4. The legislature was obviously aware of the difference between two wheeled and four wheeled vehicles. In section 10 while providing the form and contents of the driving license motor cycle without gear and motor cycle with gear have been taken as a different category vis a vis the light motor vehicle. This is also apparent from a reading of Section 9(6), the proviso to which states that a person who has passed a test of driving a motor cycle with gear shall be deemed to have passed the test of driving motor cycle without gear. This clearly pre-supposes that test for driving motor cycle is different than that prescribed for light motor vehicle which is a four wheeled vehicle. Even the form of the driving license in the rules makes special mention of the motor cycles as a separate category. Therefore, it cannot be said that a motor cycle or a scooter or any other two wheeled vehicle will fall in the general category of light motor vehicle. 5. The Apex Court in Oriental Insurance Company Limited v. Zaharulnisha and others, (2008) 12 SCC, 385 also held that a person having 6 driving licence of Heavy Motor Vehicle cannot be said to hold a valid driving licence to drive a Scooter. 6. Mr. V.S. Chauhan relying upon the directions given in Zaharulnisha’s case and of this Court in Ghanshayam’s case submits that the amount deposited by the Insurance Company be paid to the claimants and the right to recover the amount be given to the Insurance Company. Similar directions given by this Court have been set aside by the Apex Court and the Apex Court has clearly held in Zaharulnisha’s case that it has issued the directions in exercise of jurisdiction is vested in it under Article 142 of the Constitution of India. This Court has no such powers. Therefore, no such directions can be given. 7. Accordingly, the appeal is allowed, the award is modified and the Insurance Company is held not entitled to pay the awarded amount. No costs. May 9, 2011 ( Deepak Gupta ) (vt) Judge