IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5258 of 2009 Date of decision: May 5, 2009. The New India Assurance Co. Ltd. ...Petitioner(s) v. State of Haryana & Anr. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri V. Ramswaroop, Advocate for the petitioner. ORDER Surya Kant, J. - (Oral): The petitioner – insurance company seeks quashing of the award dated 17.1.2009 (Annexure P-8) passed by the Permanent Lok Adalat (Public Utility Services), Gurgaon whereby it has been directed to pay the Insured Declaration Value (IDV) of the Bajaj Tempo Traveler bearing registration No.HR-55B-2406 subject to deduction of the salvage etc. The aforementioned vehicle was owned by the Prisons Department, Govt. of Haryana. One of the contentions raised on behalf of the petitioner – insurance company is that the driver of the vehicle – Dig Ram son of Hukam Lal, was not possessing a valid driving license at the time when the vehicle was engulfed by the accidental fire. On the asking of the court, Learned Counsel for the Petitioner has placed on record the photocopy of the driving license of Dig Ram which was admittedly valid for driving “Motor Cycle/Scooter/Car/Jeep, Tractor and LMV only”. The only question to be gone into is as to whether or not the Bajaj Tempo Traveler was also a Light Motor Vehicle (LMV)? Besides the fact that the petitioner – insurance company itself has taken a stand in the written statement that the subject tempo is a 'light transport vehicle'. Section 2(21) of the Motor Vehicles Act, 1988 also defines 'Light Motor Vehicle' as follows:- “"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 2 [7500] kilograms ;” (emphasis applied) It is, thus, manifest that a Transport Vehicle whose unladen weight does not exceed 7500 kilograms falls within the definition of 'light motor vehicle'. The subject Bajaj Tempo Traveler was admittedly registered as a light transport vehicle and there is no plea of supporting evidence that its weight was more than 7500 kgs. That being so, the driver who was possessing a valid driving license to drive a LMV, was entitled to drive the subject vehicle. The factual contentions sought to be raised have no basis at all. No case to interfere with the impugned award is, therefore, made out. Dismissed. May 5, 2009. [ Surya Kant ] kadyan Judge