- (1.) Though the life of law is said to be experience and not logic, law is not altogether illogical. One of the questions that falls for consideration in this matter is the meaning of the mundane expression "unless the context otherwise requires" that appears in almost every statute.
(2.) The facts need to be noticed in brief. THE appellant purchased a Zen motor vehicle and got the same insured at the initial stage. After obtaining a permit for operating the vehicle as a tourist cab, a further policy was secured. THE relevant clause in the subsequent insurance policy provided, inter alia, that as regards the driver, he had to hold an effective driving licence at the time of any accident and should not have been disqualified from holding or obtaining such a licence. The writ petitioner-appellant's vehicle met with an accident where the driver was, unfortunately, killed. Upon the claim being made, a terse reply emanated from the insurance company, the material part whereof reads as follows:- "This Contravenes the Driver's Clause of the Policy." The appellant approached this Court under Article 226 of the Constitution of India with a two-fold grievance. The first line of attack against the impugned decision of the insurance company was that it contained no reasons. The second part related to the arbitrary action in rejecting the claim.
(3.) The appellant has referred to the provisions of the Motor Vehicles Act, 1988 and, in particular, to Sections 2(21), 2(33), 2(35) and 2(47) thereof to demonstrate the meaning of a light motor vehicle, the definition whereof includes a transport vehicle; and to bring about the distinction between a private service and a public service vehicle. THE appellant has also referred to Sections 10 and 14 of the Act. Section 10 lays down the form and contents of a driving licence. Section 14 stipulates certain conditions as to the currency of driving licences in certain cases. The simple argument that the appellant makes is that in view of the definition of light motor vehicle in Section 2(21) of the Act, and such definition including a transport vehicle within its fold, wherever the expression "light motor vehicle" is used in the Act, a transport vehicle ought to be read to be included therein.;