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16. On the other hand the second respondent examined Mamatha, FDA, Yelahanka RTO. She stated that the driver Muninanjappa is possessing Driving License to ride motorcycle and to drive LMV Car and LMV Tractor. Tractor is non-transport vehicle. If tractor is attached with trailer it becomes transport vehicle and it requires separate SCCH 17 12 MVC.No.2069/16 transport licence. To drive tractor-trailer separate transport endorsement is required. Muninanjappa is having license to drive tractor only and he is not having license to drive tractor attached with trailer. She produced Driving License extract (Ex.R2). In cross examination she stated that she is not a technical expert.

d) Towards medical expenses Rs. 3,22,329/-

Rs. 20,67,329/-

23. Liability: In the instant case the undisputed facts are that the offending vehicle is tractor-trailer and driver of said vehicle possess valid driving licence to drive LMV Tractor. The tractor is non transport vehicle whereas the tractor-trailer is transport vehicle.

In the light of undisputed facts supra it is argued that, at the time of accident the driver of insured vehicle did not possess valid and effective driving licence to drive a SCCH 17 23 MVC.No.2069/16 tractor-trailer, as such Insurance Company is to be exonerated of its liability. On the contrary it is argued that, a person possessing licence to drive LMV tractor can also driver tractor-trailer and no separate driving licence or endorsement is required.

27. On the other hand, the petitioners relied on decisions reported in i) (2001) 8 SCC 56 (Nagashetty v/s United India Insurance Co. Ltd., & Others), wherein it is held that, When a person holds a permanent licence to drive tractor, then merely because he was driving a tractor which had a trailer attached to it and was being used for carrying goods at the time of accident, held, it cannot be said that the tractor was being used as a goods vehicle for driving which the driver had no valid licence - In the insurance policy issued for a tractor, an additional premium for a trailer having been taken and the policy having contemplated transportation of goods, also, held, insurance company was SCCH 17 27 MVC.No.2069/16 liable to pay compensation to the LR of the deceased victim of the accident. At para 10 it is held that, if a person has a valid driving licence to drive a tractor as 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. In other words, a person having valid driving licence to drive a particular category of vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle.

ii) Judgment passed in MFA No.1830/14 dated 24.3.2015, wherein it is stated that the contention of learned counsels for Insurance Company that driver of insured tractor did not have valid licence to drive a tractor-

SCCH 17 28 MVC.No.2069/16 trailer in the absence of endorsement to drive tractor- trailer cannot be accepted.

iii) 2011 ACJ 481, Jharkhand (National Insurance Co. Ltd., v/s Jayanthi Devi & Others), wherein it is held that, if the trailer is attached to tractor and it is used for carrying goods, the licence to drive tractor does not become in effective and insurance company is liable to pay compensation.