because a
trailer was attached to the tractor and the tractor was used for
carrying goods, the licence to drive a tractor becomes
ineffective ... itself does not make that tractor or motor vehicle
a transport vehicle. The tractor or motor vehicle remains a
tractor or motor vehicle
that the deceased Manjegowda did not possess
a valid Driving Licence to drive the Tractor and Trailer as
on the date of the occurrence ... Licence to drive the said vehicle. In her cross-
examination, her statement that the deceased driver had
no valid Driving Licence to drive a Tractor
licence was a learner's licence.
8. PW1 has stated that a thresher and the iron rods were loaded on the tractor trolley. Defence ... where the contention regarding fake and/or learner's driving licence of tractor driver has been answered by assigning reasons. The document
held that,
"when a person holds a permanent licence to
drive the tractor, merely because he was
driving the tractor which has trailer attached ... having valid driving licence, is not sustainable in law.
The licence to drive LMV is sufficient to drive the tractor
and trailer and as such
moved attaching with
the tractor. Therefore, the driver who drives the tractor
and trailer must have driving licence as enumerated in
Ex.R.1-insurance ... moves with the help of tractor, but the tractor was driven
by a person who was not having driving licence. Therefore,
under these circumstances, both
moved attaching with
the tractor. Therefore, the driver who drives the tractor
and trailer must have driving licence as enumerated in
Ex.R.1-insurance ... moves with the help of tractor, but the tractor was driven
by a person who was not having driving licence. Therefore,
under these circumstances, both
possession of the tractor from 28.09.2011 when he
received the possession of the tractor and the registration
certificate of the tractor was transferred ... Alisab Ibrahimsab Nadaf possessed a valid licence and the
tractor was duly insured, the appellant being a erstwhile owner
of the tractor
driver of the
tractor was not having valid driving licence. Further, the tractor was also
used for commercial purpose hence this ground is sufficient ... tractor.
14. It is also the case of the insurance company that the driver of
the tractor was not having valid driving licence to drive
taken the tractor
to Lingasugur for retreading the tyres of the Tractor and on his
way back, he fell off the Tractor and the wheel ... fact that the deceased
did not possess a valid licence to drive tractor, the insurer
cannot avoid liability to indemnify the owner as breach
driver of the
tractor was not having valid driving licence. Further, the tractor was also
used for commercial purpose hence this ground is sufficient ... driver of
the tractor was not having valid driving licence to drive the tractor. The
Tribunal based on the evidences placed on record such
