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The present appeal has been filed by the insurer of the tractor trolley bearing registration No.HR-24-P/6349 against the award dated 16.08.2013 passed by Motor Accidents Claims Tribunal, Sirsa (hereinafter referred to as 'the Tribunal').

The main argument pressed in the instant appeal is that the driver of the tractor was having a driving licence to drive a tractor and was not authorised to drive tractor attached with trolley as there was no endorsement for driving transport vehicle.

The insurer is in appeal for grant of recovery rights as licence of the driver was not valid to drive a tractor to which trolley was attached.

The contention raised by learned counsel for the appellant that an effective licence to drive tractor or LMV was not valid for driving a tractor attached with trolley, is not well founded.

The issue raised has two aspects. Firstly, whether tractor trolley 2 of 9 would be covered within ambit of driving licence for LMV and tractor. Secondly, merely because trolley is attached to tractor whether this will change the class of vehicle from tractor to transport vehicle.

10. We are unable to accept the submissions of Mr. S.C. Sharda. It is an admitted fact that the driver had a valid and effective licence to drive a tractor. Undoubtedly Under Section 10, a licence is granted to drive specific categories of motor vehicles. The question is whether merely because a trailer was attached to the tractor and the tractor was used for carrying goods, the licence to drive a tractor becomes ineffective. If the argument of Mr. S.C. Sharda is to be accepted, then 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. It would lead to absurd results. Merely because a trailer is added either to 4 of 9 a tractor or to a motor vehicle by itself does not make that tractor or motor vehicle 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. In other words, a person having a 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.

The Supreme Court in the latest decision of Sant Lal versus Rajesh and others, (2017) 8 SCC 590 following the decision of the Mukund Dewangan's case (Supra) held that driver holding a driving licence effective for driving LMV class or driving a tractor needs no separate endorsement on the driving licence regarding transport vehicles if trolley is attached to tractor. The answer to first aspect of contention is decided against the appellant i.e. tractor attached with trolley can be driven by a licence holder of tractor and LMV.