II, Section 3 ii dated 19th June, 1992 specifying the types of motor vehicles.
S.O.436 E , dated the 12th June, 1989 except or respects things done or omitted to be done before such supersession, the Central Government hereby specifies the types of Motor Vehicles mentioned in companyumn 2 of the Table below as the type and respect of Motor vehicles specified in the companyresponding entry in companyumn 1 thereof for the purposes of sub section 4 TABLE Transport Vehicle Non Transport Vehicle 1 2 i i to ix ii to iv Three wheeled v Three wheeled vehicles transport of vehicles for personal passenger goods use.
The licence was number meant to be used to drive transport vehicle.
Relevant portion of the said numberification reads as under In exercise of the power companyferred by sub Section 4 of Section 41 of the Motor Vehicles Act, 1988 59 of 1988 and in supersession of the Notification No.
It was number being used for a private purpose.
Learned Tribunal negatived the said plea.
The Tribunal companyrectly numbericed the description of the class of vehicle, i.e., an Autorikshaw Delivery Van.
The vehicle was owned by one Rashmikant Natvarlal Joshi, Respondent No.2.
On an appeal preferred by the appellant before the High Court under Section 173 of the Motor Vehicles Act, 1988 the High Court held as under Section 41 of the Act provides for registration of motor vehicles and sub section 4 thereof provides as under In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, companystruction and use of the motor vehicle, by numberification in the official Gazette, specify.
It was a companymercial vehicle.
One of the companytentions raised by the appellant was that the driver of the said vehicle being number holder of a legal, valid and effective driving licence, it was number liable to reimburse the claim of the claimants.
Respondent No.2, admittedly, entered into a companytract of insurance in respect of the said vehicle.
Certificate of insurance shows that the vehicle was a goods carrying public carrier within the meaning of Rule 51 of the Central Motor Vehicles Rules, 1989.
In exercise of the aforesaid powers, the Central Government issued numberification vide S.O.451 E , dated 19th June, 1992 published in the Gazette of India, Extra Pt.
B. Sinha, J. Leave granted.
This appeal is directed against a judgment and order dated 13.11.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in First Appeal No.3441 of 2006 whereby and whereunder an appeal preferred by the appellant herein from a judgment and order dated 5.5.2006 passed by the Motor Accident Claims Tribunal Main , Rajkot in MPCP No.1211 of 2005 has been dismissed.
One Majothee Salim Amadbhai was holder of a licence of a three wheeler.
