Motor Vehicle Act. JCB is a non-transport, construction equipment vehicle. Person holding licence to drive Light Motor Vehicle is authorized to drive JCB. Karnataka High Court.

Reliance General Insurance Company Limited vs S. Ramya and others. Miscellaneous First Appeal 6789/2010 decided on 9 November 2020.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/348449/1/MFA6789-10-09-11-2020.pdf

Relevant paragraphs: 6. The Tribunal while considering  the  question  of liability, held that the JCB in question was a  construction vehicle and that construction equipment would not fall within the Class of non  transport  vehicle and that the driver of the JCB not only  possessed  a  driving licence to drive the light motor vehicle but also a light  motor  vehicle  cab.  Thus,  the  Tribunal  held  that the driver of the offending JCB was  authorized  to  drive the JCB in question, since it fell within the meaning of a ‘light transport vehicle’. The Tribunal therefore, fastened the liability to pay the compensation upon the insurer of the offending vehicle – JCB.

7. Learned counsel for the insurer in this  appeal contended that the JCB is not a vehicle which is classified anywhere in the Motor Vehicles Act as either a ‘transport vehicle’ or as a ‘construction vehicle’.

10. It is not in dispute that the Central  Government in  terms  of  its  notification  dated  19.06.1992 had clearly  delineated  ‘construction equipment vehicles’ as  ‘non transport vehicles’.  In  view of the fact that the driver of the  JCB  in  question  possessed a licence to drive a light motor vehicle and in view of what was held by the Apex Court in the case of Mukund Dewangan Vs. Oriental Ins.Co.Ltd.  2017(14)SCC663, the driver of the JCB was indeed authorized to drive a JCB in question and therefore, the Tribunal was right in fixing the liability to pay the compensation upon the insurer.

Compiled by S. Basavaraj & Sumana Chamarty, Daksha Legal.