Driving Licence

A very informative discussion on the subject by our learned members

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dear assumi !

your  first question has been suficiently answered. to repeat, in other words, on plain reading of provisions, LMV driving lisence will not authorise a person to drive motorbike. when there is lisence to drive both , there might be an endorsement on DL in relevant column like this ---"motor cycle and LMV" or "motorcycle and motor car" etc.

so far your 2nd question is concerned, you have read swarn singh case which answeres maximum part of your query. having no valid lisence can never be a bar to compensate third party. driving without valid lisence is a defence for insurance co. against owner and driver of the vehicle. to be more clear (1) if there is an effective insurance, the insurer has to satisfy the claim/ award and (2) if it is found that the vehicle was being driven by a person who had no valid lisence, and there was a stipulation in the isurance contract that co. will not be liable if accident takes place while the vehicle being driven by a person who has no valid  DL , then the insurance co. will be entitled to recover from the insured, the amount paid to the victim. in such cases , normally the courts/ MACTs pass an order to this effect that  "insurer shall first satisfy the award and he will recover the same from the insured."

Mr.Tripathi is right. This is the position of law as of today.

But just to help you, there are many judgments which say that scooter is covered under LMV..though tecnhically its wrong as per section 10 of the MV Act. So you can take advantage of these judgments.

yes mr. malhotra, you are right !

i recollect , but do not remember exact citation. we can find some judgments giving liberal and benifecial meaning to DL and insurance contract. after all the M V Act, specially chapters IX to XII , is a welfare legislation. Ss.2 , 10 and 0ther relevant provisions should be read to give purposive meaning to ch IX to XII. but  this logic , though helpful , is not much forceful in favour of insured. the provisions consentrate on the welfare  of third party/ victim.

Infact Sir,

I have seen many consumer courts applying the third party judgments on Own Damage claims in case of this LMV issue. Though this is completely wrong.

To some extent the position has now been clarified by the Hon'ble Supreme Court in the case of "" Laxmi Narain Dhut ""in which it has clarified that Swarans Singh's case is not applicable to OD claims.

yes mr. malhotra you are right.