Trailer attached to tractor not a ground to declare driver’s licence invalid: HC

The court took note of the fact that the party had paid a premium of Rs 50,000 for the trailer before finalising the insurance policy.

In an important ruling the Bombay High Court has held that a driver's permanent driving licence cannot be considered to be invalid for an insurance claim merely because a trailer was attached to a tractor that was being driven.

Justice Urmila Joshi Phalke of the Nagpur Bench of the Bombay High Court 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 a vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle.

The court held that attaching a trailer to the tractor does not make it a transport vehicle.

"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," Justice Phalke said.

The court went on to reject the argument by the insurance company that on the day of the 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 judge said while citing several judgments of the Supreme Court in this regard.

The Bench was hearing a plea by the wife of the deceased man seeking compensation for the death of the husband.

The husband was employed by the owner of the tractor as a labourer. The Motor Accidents Claim Tribunal had on April 10 2019 passed an order holding that only the owner of the tractor is liable to pay compensation and had also exonerated the insurance firm-Iffco Tokyo General Insurance Ltd.

On May 10 2014, when the tractor was driven by a driver, the appellants husband was sitting by the side. The driver was driving the vehicle in a negligent manner, due to which the deceased was thrown out of the tractor. 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 driver's licence as he had attached a trailer to the tractor.

It was also contended 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 said that the insurance company had taken an extra premium of Rs 50,000 for the trailer at the time of the 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 Rs 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 single-judge noted.

The court also took note of the testimony of the Regional Transport Officer (RTO) who had confirmed that the driver of the said vehicle held a permanent valid licence.

The Bench said, " 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."