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Mumbai: The Bombay High Court recently held that a driver’s permanent driving licence cannot be considered invalid for an insurance claim merely because s/he attached a trailer to a tractor which he was driving [Chabu @ Chayatai Vasanta Kodape vs Balaji Wasudeo Somankar].
Single-judge Justice Urmila Joshi-Phalke of the Nagpur bench said that though under Section 10 of the Motor Vehicles Act, a licence is granted to drive specific categories of motor vehicles, a person having a valid driving licence to drive a particular category of vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle.
Attaching a trailer to a tractor does not make it a ‘transport vehicle’, the Court said.
“The tractor or motor vehicle remains a tractor or motor vehicle. If a person has a valid driving licence to drive a tractor or a motor vehicle, he continues to have a valid licence to drive that tractor or motor vehicle even if a trailer is attached to it and some goods are carried in it,” the bench underscored.
The Court, therefore, rejected the insurance company’s argument that on the day of accident, the driver of the tractor, in which the husband of the appellant was sitting, did not have a valid licence as the driver had attached a trailer to the tractor.
“Merely because a trailer was attached to the tractor and the tractor was used for carrying goods, licence to drive a tractor does not become ineffective, otherwise every time an owner of a private car who has a licence to drive a light motor vehicle attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a ‘transport vehicle’ and the owner would be deemed to have no licence to drive that vehicle,” the bench observed while referring to several judgments of the apex court on this issue.
The bench was seized of a plea filed by the wife of a deceased man seeking compensation for the husband’s death.
The husband was employed by the owner of the tractor as a labourer. The Motor Accidents Claim Tribunal (MACT) had on April 10, 2019 passed an order holding that only the owner of the tractor is liable to pay compensation, and had exonerated the insurance firm – Iffco Tokio General Insurance Ltd.
On May 10, 2014, when the tractor was driven by a driver, the appellant’s husband was sitting by driver’s side. The driver was driving the vehicle in a negligent manner, due to which the deceased was thrown out of the tractor and he died on the spot.
The insurance company, argued that the driver, who drove the tractor at the relevant time was not holding a valid licence since he had attached a trailer to the tractor.
It was argued that the insurance policy was only for driving a tractor but the same was breached as the trailer was attached to the said tractor.
The judge, noted that the insurance company had taken an extra premium of ₹50,000 for trailer, at the time of finalising the policy with the vehicle owner.
“The goods would be carried in a trailer attached to it that is why extra premium for trailer is taken at the rate of ₹50,000. Thus, a permanent licence holder having an effective valid licence to drive a tractor can drive even when the tractor is used for carrying the goods,” the bench said.
It further noted the testimony of the Regional Transport Offic (RTO) officer, who confirmed that the driver of the said vehicle held a permanent valid licence.
“Thus, a permanent licence holder, having an effective and a valid licence to drive a tractor, can even drive the tractor along with the trailer which is used to carrying the goods. As the premium towards the trailer is accepted, the contention of the Insurance Company, that driver was not holding a valid driving licence to drive the tractor with trailer, is not sustainable,” the bench held.
