“DELHI HIGH COURT HELD THAT EVERY PERSON COMPETENT TO DRIVE LIGHT MOTOR VEHICLE CANNOT BE ASSUMED TO DRIVE TWO WHEELER AS WELL”
In this case an accident took place and the motor accident claims tribunal awarded compensation to the victim vide an award dated 26.03.2021.
The owner of the offending vehicle i.e., Respondent No.1 was primarily held responsible for compensating the victim by the tribunal.
Since the offending vehicle was insured by an Insurance Company i.e., Respondent No.3, the tribunal directed the Insurance Company to pay the compensation to the victim.
However the Insurance Company’s case was that since the driver of the offending vehicle was not holding a valid driving license to drive a two wheeler but LMV therefore it is a breach of a motor insurance policy and hence Insurance Company is not liable to pay compensation.
The tribunal did not accepted the above ground of Insurance Company as well as did not granted any recovery rights to the Insurance Company.
It was held by the tribunal while denying the above grounds of the Insurance Company that the driver of the offending vehicle was having a license to drive light motor vehicle (commercial) therefore a person who possesses a license to drive light motor vehicle (commercial) cannot be expected to be incompetent in driving a two wheeler.
The tribunal also did not considered the fact that the RTO clerk in its statement and cross-examination submitted that the driver of the vehicle vide driving license was authorized to drive only commercial vehicle and not two wheeler.
Aggrieved by the above award of the tribunal, Insurance Company filed an appeal before the Hon’ble Delhi High Court which after perusing the case records and position in law was of the view that the tribunal erred in finding a person who possesses a license to drive light motor vehicle (commercial) cannot be expected to be incompetent in driving a two wheeler.
The Hon’ble High Court held that as per the Motor Vehicle Act a light motor vehicle has been classified as a separate and distinct class of vehicle than a two wheeler. Both categories of vehicles are separate and distinct. The expertise which is required to drive a two wheeler is quite different from the know-how required by a person for driving a light motor vehicle, that is to say, it cannot be assumed that every person who is competent to drive LMV, will be skilled in driving a two-wheeler as well.
In the light of the aforesaid, it was held by the Hon’ble High Court that the offending vehicle, a two wheeler was being driven by a person who did not have a driving licence was a clear case where there was a breach of the terms and conditions of the insurance policy. The Hon’ble High Court allowed the appeal by modifying the impugned award of the tribunal to the extent of granting recovery rights of the compensation amount in favour of the appellant/Insurance Company in accordance with law.
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