JUSTICE J.M. MALIK 1. Mr. Venkata Appa Rao, the deceased husband of the complainant Smt. Saragadam Satyavathi obtained insurance policy from ICICI Lombard General Insurance Company Ltd. on 24-12-2008 for his Hero Honda Aviator vehicle with an insured sum of Rs. 1 lakh. On 8th February, 2009 the complainant husband met with an accident while driving his motor cycle and passed away instantaneously. 2. The whole controversy involved in the case is whether he was having valid licence or not. His license Exhibit A 11 was produced before the District Forum. The State Commission came to the conclusion that driving licence authorized the deceased to drive HGV and LMV vehicles as on the date of death. The State Commission also came to the conclusion that as per the terms & conditions of the policy, the owner-cum-driver should hold an effective driving licence as on the date of accident. It came to the conclusion that ossessing Ex A11 driving licence by the deceased at the time of the accident can be treated as possessing effective driving licence by the deceased at the time of the accident. The State Commission also concluded that the accident took place not due to his negligent or rash driving but due to rash driving by the other vehicle. 3. We are unable to subscribe to the view propounded by the State Commission. The word ffective driving licenceis the creation of the State Commission itself. There is no mention of effective licence in the Motor Vehicle Act. As a matter of fact, his licence should have an actual endorsement under Section 10 of the Motor Vehicle Act, 1988, which reads as follows:-- 0. Form and contents of licences to drive. (1) Every learner licence issued under Section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government. (2) A learner licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:-- (a) Motor cycle without gear; (b) Motor cycle with gear; (c) Invalid carriage; (d) Light motor vehicle; 1[(e) transport vehicle;] (i) road-roller; (j) Motor vehicle of a specified description. 4. It should have been endorsed and authorized the deceased o drive the motor cycle with gearunder Clause (b) quoted above. In absence of such endorsement, he was not having effective licence for driving the Hero Honda Aviator. We, therefore, accept the revision petition and set aside the order passed by the Fora below and dismiss the complaint. No order as to costs. The amount deposited by the petitioner/opposite party can be withdrawn.