Driving Licence

insurance co has good defence, if the indorsement in DL u/s. 10 of MV Act refers only LMV and not Motorcycle +LMV. however you should take a plea that a DL for havier vehicle includes lisence for smaller vehicle. you may find some case law in ACC, TAC and ACJ etc.

There are some legal principles that favour you. pl remind

Earlier it was a good defence for the insurance company as held by the Supreme Court in Sohan lal Pasi's case. But recently in a dynamic and classic Judgment in case of Swaran Singh , the Supreme Court has almost taken away the said right by holding:

1.Proving breach of condition or not holding driving licence or holding fake licence or carrying gratutious passenger would not absolve the Insurance company, until it was proved that the breach was with the knowledge of the Owner of the offending vehicle.

2.Learner's licence is a licence and is no defence for the insurance company.

3.The breach of the conditions of the policy even within the scope of section 149(2) should be material one which must have been effect cause of accident and thereby absolving requirement of driving licence to those accidents with standing vehicle, fire or murder during the course of use of vehicle. 2004-(001)-SUPREME-0243-SC

Dear asumi!

i have seen swarn singh case . it does not cover the issue involved in mr. sanjeeva's problem. however obiter dictum of the decision may be refered as having pursuasive value.

Swran Singh case applies to third party claim only.

Sanjeeva's case relates to third party claim "a man died in the accident" it means the man is not the employee of the owner of the vehicle or the owner, which are covered by different provisions..

Dear Dr.Tripathiji,

                                  With due respect to your views, let me humbly put it that swaran Singh case clarified many divergents opinions in the various High Courts in the Country, and it is not obiter but Ratio Decidendi, in this matter. I am happy that members have made very informative contributions in the matter.

Dear Dr.Tripathiji,

                                  With due respect to your views, let me humbly put it that swaran Singh case clarified many divergents opinions prevailing in the various High Courts in the Country, and it is not obiter but Ratio Decidendi, in this matter. I am happy that members have made very informative contributions in the matter.

well dear Assumi,

what i believe Swaran Singh's case has been overruled by the SC...i ll find the judgment soon...no doubt it was in the year 2008.

I would rather say that Swaran singh case was reaffirmed in different Supreme Court cases regarding third party claim. See the case of Meena Variyal & Ors delivered by C.K.Thakker and P.K.Balasubramanyan, JJ, decided in 2007. And I would also add that Swaran singh case is a sound verdict based upon public Policy in a welfare State.

To hold otherwise would mean Tort law is unnecessary in India. Recently the National Commission for review of Working of Constitution (NCRWC) also recommended a law to give liability of State for Torts of its employees in the report of the commission headed by MN.Venkatachaliah CJ (2002)

it is one thing that third party must be compensated first and it is insurer who has ready funds to compensate. so the prevalant judicial approach is that it is his liability to first compensate the third party victim and thereafter reccover from the insured. to this extent,  the issue in question, is covaered by swarn singh case ond so many cases .

But does swarn sigh or any other case specifically hollds that a person having lisence to drive LMV  is also authorised to drive the motorcycle? if if answer is negative, thereis breach of insurance contract on the part of insured.

 s.10 (2) of MV Act, 1988 provides that

"the DL shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely :-

(a) motorcycle without gear

(b) motor cycle with gear

(c) in valid carriage

(d) light motor vehicle

(e) transport vehicle

(i) road roller

(f motor vehicle of a specified description)"

 Now, the question is whether a DL issued to drive LMV,  can be treated as a valid lisense to drive motorcycle?  i do not remember any supreme court decision directly resolving this issue. but i hope that there may be decisions of high courts giving the reply in positive.

with best wishes,

Dr. V.N. Tripathi, Advocate, Allahabad High court

email dr.vntripathi@yahoo.com ; mob. 09839527421 ph.: 0532-2545245

thank you dr tripati.i enquired from wb mv dept.here only liscence given to drive through out india  MCWG, MCWOG etc. that is permitted to drive motor cycle.seen one driving  liscense for confirmation.exceptmotor cycle with gear and others like LMV < HMV etc there is a pen through.means he is allowed to drive only motor cycle.if that be the entitlement then answer is simple without going through the complex question of law