(Dipak Misra and N.V. Ramana, JJ.)
Smt. Savita Sharma __________________________________ Appellant
v.
National Insurance Co. Ltd. __________________________ Respondent
Civil Appeal No. 290 of 2016 [Arising out of S.L.P. (C) No. 34593 of 2012], decided on January 18, 2016
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard Ms. Shobha, learned counsel for the appellant and Mr. R.K. Gupta, learned counsel for the respondent-Company.
3. In this appeal, by special leave, the order dated 28th March, 2012, passed by the National Consumer disputes Redressal Commission, New Delhi, in Revision Petition No. 4285 of 2007, is called in question.
4. It is submitted by Ms. Shobha, learned counsel appearing for the appellant that the vehicle was registered as Light Motor Vehicle (LMV) and the licence was granted in favour of the driver on 19th July, 1986 for a Light Motor Vehicle and, therefore, the decision in New India Assurance Company Limited v. Prabhu Lal (2008) 1 SCC 696 could not be applicable, but the authority in National Insurance Company Ltd. v. Annappa Irappa Nesaria alias Nesaragi (2008) 3 SCC 464 would govern the lis. She has drawn our attention to paragraphs 12 to 20 of Annappa Irappa Nesaria (supra). The said paragraphs read as under:
“12. 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”.
13. Section 2(21) defines “light motor vehicle” and Section 2(23) defines “medium goods vehicle” as under:
“2(21) ‘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.
xxx
(23) ‘medium goods vehicle’ means any goods carriage other than a light motor vehicle or a heavy goods vehicle.”
14. Section 3 of the Act is in the following terms:
“3. 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 motorcab 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 do.”
15. The Central Government has framed Rules known as The Central Motor Vehicles Rules, 1989.
16. The word “form” has been defined in Rule 2(e) to mean a Form appended to the Rules.
“Form 4
I apply for a licence to enable me to drive vehicles of the following description:
xxx
(d) Light motor vehicle
(e) Medium goods vehicle
xxx
(g) Heavy goods vehicle
xxx
(j) Motor vehicles of the following description:
After amendment the relevant portion of Form 4 reads as under:
I Apply for a licence to enable me to drive vehicles of the following description:
xxx
(d) Light motor vehicle
(e) Transport vehicle
xxx
(j) Motor vehicles of the following description.”
14. Rule 14 prescribes for filing of an application in Form 4, for a licence to drive a motor vehicle, categorizing the same in nine types of vehicles.
18. Clause (e) provides for “transport vehicle” which has been substituted by G.S.R. 221(E) with effect from 28.3.2001. Before the amendment in 2001, the entries “medium good vehicle” and “heavy goods vehicle” existed which have been substituted by “transport vehicle”. As noticed hereinbefore, “Light Motor Vehicles” also found place therein.
5. “Light Motor Vehicle” is defined in Section 2(21) and, therefore, in view of the provision, as then existed, it included a light transport vehicle. Form 6 provides for the manner in which the licence is to be granted, the relevant portion whereof read as under:
Authorisation to drive transport vehicle
Number………………. Date…….. Authorised to drive transport vehicle with effect from……. Badge number ………
Signature
Designation of the licensing authority
Name and designation of their authority who conducted the driving test.
16. 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 well.”
5. In our considered opinion, the factual controversy would be governed by the said decision and, accordingly, we allow the appeal and set aside the order passed by the National Consumer Disputes Redressal Commission, New Delhi. There shall be no order as to costs.
Petition(s) for Special Leave to Appeal (C) No. 34593/2012
Smt. Savita Sharma __________________________________ Petitioner
v.
National Insurance Co. Ltd ___________________________ Respondent
Date : 18/01/2016 This petition was called on for hearing today.
(Before Dipak Misra and N.V. Ramana, JJ.)
For Petitioner(s) Ms. Shobha, AOR
Ms. Akanksha Kaushik, Adv.
For Respondent(s) Mr. S.L. Gupta, Adv.
Mr. Varinder Kumar Sharma, AOR
Mr. R.K. Gupta, Adv.
Mr. Ram Ashray, Adv.
UPON hearing the counsel the Court made the following
Order
6. Leave granted.
7. The appeal is allowed in terms of the signed order.
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