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NC: 2026:KHC:16445 HC-KAR

6. Respondent Nos.1 to 3 filed objections stating that liability is subject to production of valid driving licence, RC and Insurance policy terms and conditions. It is further stated that the driver of the offending vehicle is having valid driving licence. Respondent No.2 is a bonafide purchaser of Tractor bearing No.KA 42/T 2749 and KA 16/T 4892 from true owner Kalegowda, S/o Mari Kalegowda, as such said Kalegowda is necessary and property party to this case.

7. Respondent No.4 has filed objections stating that the petitioner was working as coolie on 18.07.2010 in the tractor belonging to respondent No.2 and at that time driver of the tractor trailer No.KA-42/T 2749 and KA 16/T4892 drove the same in rash and negligent manner and caused the accident. The tractor bearing No.KA-42/T 2749 was not insured with respondent No.4 at the time of accident. The trailer bearing No.KA-16/T 4892 was insured along with tractor bearing No.KA 16 T 4891 with respondent No.3. The trailer cannot be propelled without NC: 2026:KHC:16445 HC-KAR the aid of the tractor. Since the tractor involved in the accident was not insured with respondent No.4, respondent No.4 is not liable to pay compensation. The alleged accident took place due to the rash and negligent driving of driver of tractor bearing No.KA 42/T 2749 and hence the owner and insurer of the said tractor are necessary parties and the petition is bad for nonjoinder of necessary parties. Respondent No.1 did not possess valid licence to drive the tractor-trailer but he was possessing licence only to drive LMV (tractor). Respondent No.2 has entrusted his vehicle to respondent No.1 knowing fully well that respondent No.1 did not possess valid and effective licence, thereby violated the policy conditions. Therefore, respondent No.4 is not liable to pay any compensation. Charge sheet is filed against respondent No.1 Krishna Naika.

"Merely because a trailer is added either to 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 a disabled to drive that vehicle merely because a trailer is added to that vehicle.

21. In this case there is no dispute regarding the accident and involvement of the tractor bearing No.KA 42 T/2749 and trailer bearing NO.KA 16/T-4892. But, the (2001)8 SCC 56

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NC: 2026:KHC:16445 HC-KAR trailer is insured with respondent No.4 and tractor is not insured. However, accident occurred on 18.07.2010 when tractor bearing No.KA 42 T/2749 was proceeding along with the trailer No.KA 16 T/4892. As such the charge sheet is filed against driver of the tractor bearing No.KA 42 T 2749. It is contented that the driver of the tractor is only having LMV tractor driver licence as per Ex.D10. Therefore, the argument of the insurance company that he has no valid driving license cannot be accepted.