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2016 Supreme(SC) 144

Mukund Dewangan – Appellant
Versus
Oriental Insurance Co. Ltd. etc. – Respondent


ORDER :

Arun Mishra, J.

1. The question raised is whether for the drivers having licence to drive light motor vehicles there is a necessity of obtaining endorsement to drive the transport vehicle when the transport vehicle is of class of light motor vehicle.

2. We have heard learned counsel for the parties at length. For consideration of aforesaid question, it is necessary to refer to various provisions and decisions.

3. Driving licence has been defined in section 2(10) of the Act of 1988. The provision is extracted hereinbelow :-

“2(10) “driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.”

Gross vehicle weight has been defined in section 2(15) thus :

“2(15) “gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;”

Heavy goods vehicle has been defined in section 2(16) to mean:

“2(16) “heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a ro






















































































































































































































































































































































































































































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