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TMI Blog2008 (5) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... 2006 passed by the Motor Accident Claims Tribunal (Main), Rajkot in MPCP No. 1211 of 2005 has been dismissed. 3. One Majothee Salim Amadbhai was holder of a licence of a three wheeler. The licence was not meant to be used to drive transport vehicle. The vehicle was owned by one Rashmikant Natvarlal Joshi, Respondent No. 2. The Tribunal correctly noticed the description of the class of vehicle, i.e., an Autorikshaw Delivery Van. It was not being used for a private purpose. It was a commercial vehicle. Respondent No. 2, admittedly, entered into a contract of insurance in respect of the said vehicle. Certificate of insurance shows that the vehicle was a goods carrying public carrier within the meaning of Rule 51 of the Central Motor Vehicles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icles mentioned in column 2 of the Table below as the type and respect of Motor vehicles specified in the corresponding entry in column 1 thereof for the purposes of Sub-section (4): TABLE Transport Vehicle Non-Transport Vehicle (1) (2) (i)... (i)... (ii) to (ix)... (ii) to (iv)... (x) Three-wheeled vehicles transport of passenger/goods (v) Three-wheeled vehicles for personal use. We find that the same classification is maintained in the subsequent notification dated 5th November 2004 published in the Gazette of India, Extra-ordinary, Part-II, Section 3(ii) dated 5th November, 2004 in exercise of the same powers under Sub-section (4) of Section 41 of the Act. The relevant entries therein read as under: Transport Vehicle Non-T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was adapted for carrying passengers or goods. 9. Section 3 of the Motor Vehicles Act reads as under: Section 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 1[a motor cab or motor cycle] hired for his own use or rented under any scheme made under Subsection (2) of Section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which Sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. 10. Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rawn to these aspects of the matter. The learned Tribunal also, in its judgment dated 5.5.2006 noticed the facts in the following terms: When they were proceeding on road on foot and reached near Fire brigade, a rickshaw bearing No.GRP 5432 with closed body came in fast speed, rashly and negligently from behind and dashed with the complainant Ikbala and deceased Mahamadsha as a result of which both of them fell down, sustained injuries, deceased sustained serious injuries on his head and other parts of the body, and during the course of treatment he succumbed to the injuries. 12. From the discussions made hereinbefore, it is evident that the driver of the vehicle was not holding an effective licence. Possession of an effective licence i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "motorcycle without gear", [sic may be driving a vehicle] for which he has no licence. Cases may also arise where a holder of driving licence for "light motor vehicle" is found to be driving a "maxi-cab", "motor-cab" or "omnibus" for which he has no licence. In each case, on evidence led before the Tribunal, a decision has to be taken whether the fact of the driver possessing licence for one type of vehicle but found driving another type of vehicle, was the main or contributory cause of accident. If on facts, it is found that the accident was caused solely because of some other unforeseen or intervening causes like mechanical failures and similar other causes having no nexus with the driver not possessing requisite type of licence, the insu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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