In
legal Forums, and Court of law, many legal aspects do get analysed in every
case. In the impugned case, the learned
counsel for the respondents submitted that the person holding LMV is not
entitled to drive the transport vehicle if there is no endorsement on his
driving licence to that effect under Section 3(1) of the Motor Vehicles Act
from the District Transport Officer.
Section
3(1) of the Motor Vehicles Act 1988 reads as under : -
"3.
Necessity for driving licence.-(1) No person shall drive a motor vehicle in any
public place unless he holds an effective driving licence issued to him
authorising him to drive the vehicle; and no person shall so drive a transport
vehicle [other than[a motor cab or motor cycle] hired for his own use or rented
under any scheme made under sub-section (2) of section 75] unless his driving
licence specifically entitles him so to do."
In
the instant case, the Mini Door 3 Wheeler of the appellant was certainly a
transport vehicle as defined in Section 2(47) of the Motor Vehicles Act and,
therefore, the endorsement on the driving licence of its driver under Section
3(1) of the Motor Vehicles Act was essential. Without this endorsement,
therefore, it can be safely concluded that the driver was not holding a valid
driving licence and that the respondents are not liable to pay insurance claim
to the appellant. That was the decision
highlighting ‘what constitutes valid license’ decided by - State Consumer
Disputes Redressal Commission [SCDRC]
Punjab in - Asha Rani vs UIICin Sept. 2010.
The
roads are getting congested – and the way people drive mad, it would appear that only a small proportion are sane…. as you
drive in the metropolis – there are killer lorries [water tankers are
notorious]; transport corporation buses threaten you; it is so scary riding infront of tourist taxis, buses of
educational institutions and those transporting office goers……….then there are
fantastic costly cars whose owners decide that they only are entitled to be on
road and drive at breakneck speed – as you feel threatened of your existence,
an autorickshaw cuts past from nowhere…… and then there are two-wheeler (many
do not look road-worthy but still transport sometimes a group of people)………
there are also cycle rickshaws and the odd bullockcarts – with many cattle
[cows / buffaloes / horses] roaming on the street not to speak of the population
of stray dogs….
Why
do people drive so fast and negligently
– is it sheer fun; is that because of the power of vehicles that thrusts the
macho feeling… women on wheel is more dangerous…..What we fail to learn is : As a Nation, we are not law-abiding. We would stretch every muscle to break the
rules. Most rules be it traffic rules,
signals or other laws are meant to bemuse and restrain the common man. People
ride with gay abandon on wrong side and on roads declared as one-ways. The rich and powerful always consider
themselves above the law. In the busy
stretch of KamarjarSalai (Beach Road) in Chennai, where traffic flows right
from the morning, one can often see vehicles
violating signals, cutting yellow lines and being driven at break-neck speeds
causing trouble, fear, hindrance, nuisance and threat to life and limbs of
other road users. Many of them belong to
Politically powerful (one can see the stickers and paintings of political
leaders), some Government vehicles, transport corporation buses and top bureaucrats – many of them even have
the red light atop the vehicle. If it is
a rule, does it differentiate between elite and ordinary road users. Sometimes, even life saving ambulances are
not properly provided free way. Worst,
whenever an ambulance winds its way through marauding traffic, people
mindlessly try to follow the ambulance by driving fast after that.
But
would you drive or allow your son to drive without a valid Driving Licence ?is
that not an offence ?? ~ now read this
newsitem in today’s Times of India, Chennai edition titled ‘ TNSTC permits over
30 of its drivers to operate buses without valid licence’ – shocking !!
At a time when
carrying original driving licence is mandatory for drivers, Tamil Nadu State
Transport Corporation (TNSTC) has allowed more than 30 of its drivers to
operate buses without a valid licence in
one case for over six years.The issue came to light when advocate brought the matter to the notice of the
Madras high court. Admitting his plea, Justice T Raja has ordered notice to
TNSTC returnable by October 26.
Williams submitted
that the driving licence of P Natarajan, a driver with TNSTC, had expired in
2011. Since he had crossed 40 years of age, his licence could not be renewed
automatically, as rules mandate his personal appearance before the authorities
and a test to prove his physical endurance.But, flouting the rules, Natarajan
chose to drive without a valid licence, instead of renewing it. Being the
regional secretary of Anna trade union, an affiliate of the ruling AIADMK,
Natrajan managed to keep TNSTC officials from bothering him to renew the
licence. Natarajan was doing so for the past six years, knowing well that his
act was not only illegal but also puts hundreds of innocent passengers' lives at
stake. Appalled over the inaction of TNSTC over the issue, Williams approached
the high court. He further submitted that knowing that the issue has reached
the court, on September 2 TNSTC passed an order stating that action had been
taken against two supervisors who failed to supervise the licence issue.
Natarajan has renewed his licence now.
This apart, through
another order passed by the corporation on August 25, it has come to light that
31 more drivers conductors have not renewed their licences and were allowed to
continue their work with expired licence, the advocate said.
Appalling !
With regards – S.
Sampathkumar
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