Just Because A Driver Is Holding Valid Licence For LMV Doesn’t Mean He Is Authorised Or Competent To Drive A Two-Wheeler As Well: Delhi High Court

The Delhi High Court has set aside the award passed by a Motor Accidents Claims Tribunal where it had refused to grant recovery rights to the Insurance Company against the driver/owner of a two-wheeler involved in an accident. While rejecting the insurance company's argument that it is not liable to pay anything as the rider was not holding a valid licence to drive the two-wheeler, the MACT had said that a male person who is competent to drive a Light Motor Vehicle cannot be expected to be incompetent in driving a two-wheeler Observing that the presumption made by the MACT was without any basis, Justice Rekha Palli said that a person who can drive a four-wheeler cannot be automatically presumed to be competent to drive a two-wheeler since the skills required for driving the two vehicles are quite different. 2 held a valid licence for a Light Motor Vehicle could not imply that he was authorised or competent to drive a two wheeler.” In an appeal filed before the high court against the order of the MACT, the appellant, HDFC Ergo General Insurance Co. Ltd, argued that in view of the unrebutted testimony of the Record Clerk from the Sarai Kale Khan Transport Authority, New Delhi, it was clear that the driver did not have a valid licence to drive a two-wheeler, and thus, the terms and conditions of the insurance policy stood breached. “However, I find that despite having noted the categoric stand of the transport authority that the respondent no.2, driver of the offending vehicle, did not hold a valid licence to drive a two wheeler, which he was driving at the time of the accident, the learned Tribunal rejected the appellant’s plea that it was not liable to pay compensation,” the court said. The bench further observed that the high court in Bajaj Allianz General Insurance Co. Ltd. v. Akram Hussain & Ors., MAC.APP.306/2009, was dealing with a similar issue, where it has been held that it could not be assumed that every person who is competent to drive Light Motor Vehicle would be skilled in driving a two-wheeler as well.