IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1218 of 2009 (O&M) Date of decision. 22.07.2010 The New India Assurance Company Limited ....Appellant versus Daljit Kaur and others ....Respondents CORAM:HON'BLE MR. JUSTICE K. KANNAN ----- Present: Mr. Raj Kumar Bashamboo, Advocate,for the appellant. None for the respondents. ----- 1. Whether reporters of local papers may be allowed to see the judgment ? 2. To be referred to the reporters or not ? 3. Whether the judgment should be reported in the digest ? ---- K.Kannan, J. (Oral) 1. The Insurance Company is in appeal challenging the liability cast on it on the ground that the driver had only a licence for driving a light motor vehicle, car and scooter but he was driving a tractor. His licence did not provide for a licence to drive a tractor. 2. In my view, such a contention is not tenable for the definition of a tractor under Section 2(44) reads as follows:- “2(44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller” 3. A tractor, therefore, is merely referred to as motor vehicle and Section 2(21) defines a light motor vehicle to include a tractor. FAO No.1218 of 2009 (O&M) - 2 - Section 2(21) 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 7,500 kilograms.” Therefore, the tractor must be taken only as a light motor vehicle. Section 10 of the Motor Vehicles Act makes reference only to a licence for light motor vehicle among other classes and does not give any specific category as a tractor. The classification is contained under Section 10(2), which reads as follows:- “10(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.” 4. Having regard to the definitions contained in the Motor Vehicles Act, there is no scope for an insurer to contend that if the driver's licence did not specifically make a reference about licence to tractor but contain only a reference to light motor vehicle, the driver could be said not to have an effective driving licence. The contention is rejected and the award is sustained. The appeal is dismissed. (K.KANNAN) JUDGE 22.07.2010 sanjeev