Smt. Beasan Devi and Others vs Raj Lal

Deepak Gupta, J.—This appeal by the owner of the vehicle is directed against the award passed by the learned Commissioner Workmen Compensation, Una, whereby he awarded compensation in favour of the claimant and exonerated the Insurance Company of its liability to pay the compensation but held that the employer alone shall be liable to pay the compensation.

Though the appeal was admitted on a number of questions of law, the only substantial question of law which arises in this appeal in my view is whether the driver in question held a valid driving licence to drive a tractor or not.

Admittedly, the driver held a licence to drive a heavy transport vehicle as is apparent from the driving licence Ext. AW-3/A placed on record. The learned Commissioner held that a tractor is not a heavy transport vehicle and hence the Insurance Company could not be held liable.

In my view, the learned Commissioner has not gone into the Scheme of the grant of driving licenses under the Motor Vehicles Act. A licence to drive a transport vehicle can only be granted after a person has held a driving licence to drive a light motor vehicle for at least one year. Thus, it is apparent that a person can have a licence to drive a heavy transport vehicle only after he has qualified to drive a light motor vehicle.

Whether a tractor be a transport vehicle or non transport vehicle is not to be decided in this appeal because whether it is a transport vehicle or a non-transport vehicle it is definitely a light motor vehicle. The driver admittedly has a licence to drive a heavy transport vehicle. After the amendment of the Motor Vehicles Act, 1994, there is no distinction between the heavy transport vehicle or light transport vehicle and the permit has to be granted only for transport vehicle in terms of Section 10(2)(e) of the Motor Vehicles Act. Therefore, it cannot be said that the driver did not have a valid driving licence to drive the vehicle.

It is thus clear that the driver had a valid driving licence and the learned Commissioner erred in exonerating the Insurance Company. The appeal filed by the employer is accordingly allowed. The award of the learned Commissioner Workmen Compensation is modified and it is held that the Insurance Company shall be liable to pay the compensation. The Insurance Company is directed to deposit the compensation amount within 12 weeks from today. No costs.