Case: National Insurance Co. Ltd Vs. Annappa Irappa Nesaria @ Nesaragi

The vehicle involved in the accident was a Matador Van bearing registration No. KA-23/2890. It had a Goods Carriage permit granted in terms of Form No.7 of the Motor Vehicles Act. It was insured with the appellant. The said vehicle met with an accident on 9.12.1999 causing death of one Gangawwa wife of the respondent No.1 herein. A contention was raised on behalf of the appellant that the driver of the said vehicle did not possess an effective licence to drive a transport vehicle.

Reasoning:
Section 2 of the Act provides for interpretation of the terms contained herein. It employs the words unless the context otherwise requires. Section 2(16) of the Act defines heavy goods vehicle to mean any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms.Section 2(21) defines light motor vehicle and Section 2(23) defines medium goods vehicle as under: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.Medium goods vehicle means any goods carriage other than a light motor vehicle or a heavy goods vehicle.Section 3 of the Act is in the following terms:Necessity for driving licence.- (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle other than a motor cab or motor cycle hired for his own use or rented under any scheme made under sub-section (2) of section 75 unless his driving licence specifically entitles him so to doLight Motor Vehicle is defined in Section 2(21) and, therefore, in view of the provision, as then existed, it included a light transport vehicle.From what has been noticed hereinbefore, it is evident that transport vehicle has now been substituted for medium goods vehicle and heavy goods vehicle. The light motor vehicle continued, at the relevant point of time, to cover both, light passenger carriage vehicle and light goods carriage vehicle. A driver who had a valid licence to drive a light motor vehicle, therefore, was authorised to drive a light goods vehicle as wellThe amendments carried out in the Rules having a prospective operation, the licence held by the driver of the vehicle in question cannot be said to be invalid in law.