CWP No.7255 of 2010 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.7255 of 2010 (O&M) Date of Decision: 23.11.2011 Oriental Insurance Company Limited, through its Deputy Manager, Regional office, SCO No.109-111, Sector 17A, Chandigarh. ... Petitioner Versus M/s Cybil Constructions, L-23, Krishna Palance, Basai Road, Gurgaon, through its Proprietor Shri Sabu T.M. and another. ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:Mr. Ashwani Talwar, Advocate and Mr. Mrigank Sharma, Advocate, for the petitioner. Mr. Sachin Mittal, Advocate, for respondent No1. None for respodnent No.2. ***** 1.Whether reporters of local papers may be allowed to see the judgment? NO 2.To be referred to the reporters or not? NO 3.Whether the judgment should be reported in the digest? NO K. KANNAN, J. (Oral) 1. The issue involved in this case on a challenge to the order passed by the Permanent Lok Adalat is whether the truck which was insured as a Goods Carrying vehicle could be driven by a person having a Light Motor Vehicle Licence. The Lok Adalat merely referred to the tonnage of the vehicle to determine the category of the vehicle as a Light Motor Vehicle and has held that the licence which the driver had, was sufficient. Evidently, the Lok Adalat has not considered the effect of Section 3 of the CWP No.7255 of 2010 (O&M) [2] Motor Vehicles Act. If a vehicle is run as a transport vehicle, that comes within definition under Section 2(47) of the Motor Vehicles Act, it requires a transport vehicle endorsement under Section 3 of the Act. If the driver did not carry such endorsement, his licence, he cannot be said to be duly licensed to obtain a protection under the terms of the policy. The policy requires the driver to be duly licensed for the insured in order that he obtains full claim for the damage caused on account of a motor accident. The driver, on his own showing, was not duly licensed in the manner as required by law and insurance company could not have been made liable for own damage for the insured vehicle. 2. The order of the Permanent Lok Adalat is set aside and the writ petition is allowed. NOVEMBER 23, 2011 ( K. KANNAN ) Rajan JUDGE