Section 5. _

95. (1) In order to comply with the requirements of z;~33$,mt~ thii Chapter, a policy of insurance must be a policy which- thii Chapter, a policy of insurance must be a policy ;;ii$!O1 - (a) is issued by a person who is an authorised insurer, and - (b) insures the person or classes of person specified in the policy to the extent specitled in subsection (2) against any liability mhich may bo incurred by him or them in respect of the death bf or bodily injury lo any person cauecd by or arising out of the use of the vehicloin a public place : Provided ~ . < 7 1 `t.` I may be : requiri i in mbich ird 04 by :t of em:t of ;the IS bqing ~ntind or le of $he a cl&im lapted \to `L` limit of i ? E i i i 1 i 1 cov ncial t 1G9e `OF` 1939.1 `Alotor` Vehicles ,D (1. 6 (3) A Provincial Government may prescribe that a policy of insurance shall in order to comply with the requirements of this Chapter cover ally liability arising under the provisions of the Workmen's Compensation Act, 1923, in respect of the death of or bodily injury to any paid employee engaged in driving or otherlriso in att,endance on or being carried in a motor vehicle. YIII of `1023.` Act, 1923, in respect of the death of or bodily injury to (4) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by +horn the policy is effected a certificate of insurance or a cover note in the prescribed form and containing the prescribed particulars of any conditions subject to which the policy is issued and of any other prescribed matters ; and different forms, particulars and matters may be prescribed in different cases. (5) Notwithstanding anything e1se:vhere contained in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the person or classes of person specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of person. t `$6.` ( I ) If, after a certificate of insurance or a cover -,",","g%in- note has been issued under sub-section (4) of section (4) of section of section 95 gBggppBS - note has been issued under sub-section (4) of section (4) of section of section 95 in favour of the person by whom a policy has been f;zz i n effected, judgment in respect of any sbch liability as is g~tp,";~~ required to be covered by a policy under clause (b) of rlska. sub-section (1) of section 95 (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the insurer maj7 be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the decree any sum not exceeding the sum assured payable thereunder, as if he were the judgment debtor, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments. (2) No `73` sub.: .e O/ I thie t $3 ct jDf kg, or :mit e the :ooda e the ition OF 1939.1 Motor vehicle^. `(ii)` a condition excludiog driving by a named person or persons or by any person who is not duly licensed, or by any person who has been disqualiiied for holding or obtaining a driving licence during the period of disqualification ; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil'commotion ; or - (c) that the policy is void on the ground that it was obtained by the non-disclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where a cerhiticate of insurance or cover note has been issued under sub-section (4) of section 95 to the person by whom `a` policy has been effeoted, so muoh of the policy as purports to restrict the insurance of the persons insured thereby by reference to any conditions other than those in clause `(6)` of sub-section `(2)` shall, as respects such liabilities as are required to be covered by a policy under clause `(6)` of sub-section `(1)` of section 95, be of no effect : Provided that any sum paid by the insurer in or towards the discharge of any liability of any person whioh is covered by the policy by virtue only of this sub-section shall be recoverable by the insurer from thab person. a motor `r` VIII `Of l01&,` place. Motor Vehicles. ' `OF` 1939.1 (2) Subject to the provisions of section 14, no p&r:raon under the age of twenty years shall drive a transport vehicle in any public place. (3) Nothing contained in sub-section ( I ) or subsection (2) shall prevent any person who, before the comrnencemellt of this Act, possessed a licence to drive a motor vehicle from obtaining a licence to dr' ive a motor vehicle of the same class. 5. No owner or person in charge of a motor vehicle ~ ~ , ~ d b ~ l i t ~ shall cause or permit any person ~vho does not satisfy 0fomner80f mtor the provisions of sectioil 3 or section 4 to drive the [vehicles for ] Contraventions vehicle. and of aectlons 4. 3 6. (1) No porson sha!l, while he holds ally licence for Restrictions 0 s tho holdlng o; the time being in force, hold ally other licence except Hcences. , a licence issued ill accordance with the provisions of section 14, or a document authorising, in accordance with the rules made under sectioli 02, the person spcci fied therein to drive a motor vehicle. (2) No holder of a licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in subsection (1) of section 7 from adding to the classes of vehicle which the licence authorises the holder to drive. 7. (1) Any person who is not disqualified under sec- Grant tion 4 f ~ r driving a motor vehicle and who is not for the licence. time being disqualified for holding or obt.aining a licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application is for a licence to drive . as a paid employee, in which the employer resides or carries on business, for the issue to him of a licence. (2) Every application under sub-section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb impression of, the applicant in two places, and shall contain the information required by the form. (3) Where the applicaLion is for a licence to drive as a paid employee or to drive a transport vehicle, or where in 4 ty for reasons ~e applicetion ficate in Form ed by a regis- - hive as a paid nce to drive a 1 tlle medical L appear; that : or disabilitv 1 ;, tlle licensin to drive sue ;he licensin iliotor Velziclee. ' (b) where the application is made mit,l~in d e l v e months from the commencelnent of this Act, . be satisfies the licensing authority that he was at the commencement of this Act the holder of a current licence granted under the provisions of the Indian Motor Vehicles Act, 1014, entitling him to drive a vehicle of the class or description which he would be entitled to drive under the licence applied for : Provided that, where the application is for a licence - - to drive a motor cycle or a motor car, thc licensing authority shall exempt thc applicant from Part I of the test specified in the Third Schedule if the licznsing authority is satisfied that the applicant has previously held a licence to drive and has had not less than twelve months' recent exr~erience of driving a rnotor cycle or a motor car, as the case ma.y be : Provided further that wliere the application is for a licence to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the liccnsing authority may exempt the applicant from Part I of tho test specified in the Third Schedule if the a.pplicant possesses a driving certificate issued by an ailtomobile association recognised in this behalf by t3e Provincial Government. (7) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers, and, for the purposas of Part I of the test,- - (a) a person who passes the test in driving a motor car or a motor cab or a delivery van shall be deemed t'o have passed the test for all of, these vehicles ; - (6) a person who passes t.ha twt in driving a light transport vehicle shall be deemed also to have. Gassed the test in driving the vehicles referred t:o in cla~~se (u) ; and - (c) a person who passes the test in driving a heavy transport vehicle shall be deemed also tc. have pm~eri the test in driving any motor vehicle other than a n~otor cycle. `(8)` When `16` (9) locom tive I Motor Vehicles. a `(j)` invalid carriage, or `(k)` motor vehicle of a specxed description 9. (1) Subject to any rules made by a Provincial ,"~~~JO~~ Government under sub-section (3), a licence issued under Ucence. the foregoing sectiolls shall be[effective throughout ] British India. (2) subject, in the case of international driving per' mits issued in pursuance of the International Convention relative to motor traffic concluded at Paris on the 24th day of April, 1926, or of any Convention modifying tho same, to any rules made by the Central Government under section 92 and subject in any other case to the provisions of sub-section (4), a licence to drive `a,` motor vehicle issued by a, competent authority in any Indian State or in the French or Portuguese Settle, ments bounded by India shdl, if the holder is ordinarily resident in the Stata gr Settlement in which the Jicence was issued, be valid throughout British India as f it were a licence issued under this Act : Provided that such holder is not disqualifies csder any of the provisions of this Act for holding or obtaining a licence in British India. (3) A Provincial Government may, by rules made under section 21,- - `(a)` provide that a specification entitling the holder of a licence to drive a public service vehicle shall be made in the licence only by or under the authority of the Regional Transport Authority constituted under Chapter IVY - (b) regulate the submission of applications for such licences to the said authority, or - (c) require as a condition of its validity in a province that a licence entitling the holder to drive a public service vehicle shall be countersigned by a prescribed authority in the - - province. or Settlement shall aya subseq ent to, to sxpire a d shall nless the 1' ensing was preve ted by 3wal of the licence i aya subseq ent to, to sxpire a d shall nless the 1' ensing was preve ted by i a Notwiths anding Alotor Vehicles. foregoing sections, a licensing authority may at any srounds disease or `of` time revoke a licence issued by it, or may require, as a dlsabUity. condition of continuing to hold such licence, the holder thereof to furnieh a fresh medical certificate in Form C as set forth in the First Schedule signed as required by sub-section (3) of section 7, if the licensing authority has reasonable grounds to believe that the holder of the licence is, by virtue of any disease or disability, u d t to drive a motor vehicle. 13. (1) Where the licensing authority refuses to issue Ordere refuslng or or revokes or refuses to renew any licence, it shall do so revoking Ucencea and by an order communicated to the applicant or the holder, appeale therenoom. as the case may be, giving the reasons in writing for such refusal or revocation. (2) Any person aggrieved by the refusal of a licensing[' ] authority to grant or renew a licence or by the revocation of a licence may, within thirty days of the service on him of the order of such refusal or revocation, appeal to the prescribed authority, who shall decide the appeal after giving the licensing authority an opportunity of' being heard, and the decision of the appellate authority shall be binding on the lioensing authority. (3) The order of a licensing authority shall, unlese the appellate authority, conditionally or unconditionally, directs otherwise, be in force pending the disposal of an appeal under sub-section (2).