Drivers With Heavy Goods Vehicle Licenses Can Also Drive Passenger Carrying Vehicles: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently ruled that individuals possessing a driving license for a specific type of commercial vehicle are deemed qualified to drive any other type of commercial vehicle as well.

A single bench of Justice Sanjay Dhar observed,

"Any person who was holding a driving license authorizes him to drive a particular type of commercial vehicle would automatically be eligible to drive any other type of commercial vehicle, meaning thereby that a driver holding a driving license to drive a heavy goods vehicle would be competent to drive a passenger carrying vehicle,".

The pronouncement to this effect was made while hearing an appeal filed by an insurance company against an award passed by the Motor Accident Claims Tribunal (MACT) at Kathua in November 2008 whereby the tribunal had passed an award on a claim petition that had sought compensation for the death of one Tejinder Singh, who was hit by a bus allegedly driven rashly and negligently by its driver when Singh was on his motorcycle in 2002.

Since the bus in question was insured with the appellant-insurance company at the relevant time, the tribunal passed an award in favour of the claimants and directed the insurance company to pay compensation of ₹2.62 lakhs to the respondents who were legal heirs of the deceased Tejinder Singh.

Feeling aggrieved, the appellant/insurance company challenged the impugned award primarily on the ground that the driver of the offending vehicle was not holding a valid and effective driving license at the time of the accident and as such, there was a violation of the conditions of the policy of insurance and hence entitling the Insurance Company to be exonerated from indemnifying the insured.

The counsel for the appellant insurance company further submitted that the offending vehicle was a passenger-carrying bus, whereas its driver was holding a driving license that authorized him to drive heavy goods vehicle only.

Since there was no endorsement on the driving license authorising him to drive a public service vehicle in terms of Rules 4 of the Jammu and Kashmir Motor Vehicle Rules, the driver was not holding a valid and effective driving license, the appellant argued.

The moot question that fell for adjudication before the bench in the instant matter was whether a driver holding a license to drive a heavy goods vehicle is eligible to drive a passenger-carrying vehicle.

After perusing the provisions of the Motor Vehicle Act of 1988, the bench noted that a passenger-carrying vehicle falls within the definition of 'transport vehicle' as contained in Section 2(47) of the Motor Vehicles Act, 1988 , and since the driver was holding a driving license which authorized him to drive a heavy goods vehicle, he was therefore, authorized to drive a class of vehicle which falls under the category of the 'transport vehicle'.

Any person holding a driving license which authorizes him to drive a particular type of commercial vehicle would automatically be eligible to drive any other type of commercial vehicle including passenger carrying vehicle, the bench explained.

Highlighting the amended provisions of Section 10 of the Motor Vehicle Act, 1988, the bench observed that in clause (e) of Section 10(2) of the Motor Vehicles Act, the expression “transport vehicle” has replaced all types of commercial vehicles, which includes goods vehicles as well as passenger carrying vehicles. This has been done vide the amendment that came into effect on 14.11.1994.

“Therefore, with effect from 14.11.1994 driving licenses in respect of commercial vehicles are issued under the head “transport vehicle” and no sub-classification of these types of licenses is envisaged under Section 10(2) of the Act”, the court elucidated.

Keeping in view the legal position in vogue the bench observed that the accident, which is the subject matter of the instant case, has taken place in the year, 2002 i.e. well after the coming into effect of the aforesaid amendment, therefore, any person who was holding a driving license authorizes him to drive a particular type of commercial vehicle would automatically be eligible to drive any other type of commercial vehicle, meaning thereby that a driver holding a driving license to drive a heavy goods vehicle would be competent to drive a passenger carrying vehicle.

Thus the driving license that was held by respondent No. 6, the driver was a valid and effective license authorising him to drive the offending vehicle, the bench maintained.

Accordingly, the bench could not appreciate any merit in the appeal and hence dismissed the same.

Case Title: National India Insurance Vs Jagjeet Singh

Citation: 2023 LiveLaw (JKL) 122

Click Here To Read/Download Judgment