Whether accident claim can be rejected on ground that driving license was not bearing "PSV" endorsement?

A Division Bench of the High Court of Jammu
and Kashmir at Srinagar, of which I (Justice Mansoor
Ahmad Mir, Chief Justice) was a member, in a case titled
as National Insurance Co. Ltd. versus Muhammad Sidiq
Kuchey & ors., being LPA No. 180 of 2002, decided on
27th September, 2007, has discussed this issue and held
that a driver having licence to drive “LMV” requires no
“PSV” endorsement. It is apt to reproduce the relevant
portion of the judgment herein:
“The question now arises as to whether the
driver who possessed driving licence for driving
abovementioned vehicles, could he drive a
passenger vehicle? The answer, I find, in the
judgment passed by this court in case titled
National Insurance Co. Ltd. Vs. Irfan Sidiq Bhat,
2004 (II) SLJ 623, wherein it is held that Light
Motor Vehicle includes transport vehicle and
transport vehicle includes public service vehicle
and public service vehicle includes any motor
vehicle used or deemed to be used for carriage
of passengers. Further held, that the
authorization of having PSV endorsement in
terms of Rule 41 (a) of the Rules is not required
in the given circumstances. It is profitable to
reproduce paras 13 and 17 of the judgment
hereunder:-
“13. A combined reading of the above
provisions leaves no room for doubt that by
virtue of licence, about which there is no
dispute, both Showkat Ahamd and Zahoor
Ahmad were competent in terms of section
3 of the Motor Vehicles Act to drive a public
service vehicle without any PSV
endorsement and express authorization
in terms of rule 4(1)(a) of the State Rules.
In other words, the requirement of the State
Rules stood satisfied.
….........................................

17. In the case of Mohammad Aslam Khan
(CIMA no. 87 of 2002) Peerzada Noor-udDin
appearing as witness on behalf of
Regional Transport Officer did say on recall
for further examination that PSV
endorsement on the licence of Zahoor
Ahmad was fake. In our opinion, the fact
that the PSV endorsement on the licence
was fake is not at all material, for, even if
the claim is considered on the premise that
there was no PSV endorsement on the
licence, for the reasons stated above, it
would not materially affect the claim. By
virtue of “C to E” licence Showkat Ahmad
was competent to drive a passenger
vehicle. In fact, there is no separate
definition of passenger vehicle or
passenger service vehicle in the Motor
Vehicles Act. They come within the ambit
of public service vehicle under section
2(35). A holder of driving licence with
respect to “light Motor Vehicle” is thus
competent to drive any motor vehicle used
or adapted to be used for carriage of
passengers i.e. a public service vehicle.”
In the given circumstances of the case PSV

endorsement was not required at all.”

IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
FAO (MVA) No. 362 of 2011.

 Dated: 12th August, 2016.
Oriental Insurance Co. Ltd.  V Smt. Sartabi and others 
Coram:
 Mr. Justice Mansoor Ahmad Mir, Chief Justice.

Citation: 2017(2) ALL MR (JOURNAL) 30

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