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2018 Supreme(SC) 1673

KURIAN JOSEPH, MOHAN M.SHANTANAGOUDAR
Bajaj Alliance General Insurance Co. Ltd – Appellant
Versus
Rambha Devi – Respondent


Advocates:
Advocate Appeared:
Mr. Joy Basu, Mr. Jayant Bhushan, Mr. Sukant Vikram, Mr. Abhinav Ankit, Mr. Sandeep Jha, Mr. Ram Ekbal Roy, Mr. Binay Kumar Das, Ms. Archana Pathak Dave, Mr. A. Krishnaswamy, Ms. Ankita Choudhary, Mr. Utsav, Mr. Sanyat Lodha, Mr. Devanshu Sajlan, Mr. Anurag Rana, Ms. Viddusshi, Ms. Shalini Kaul, Mr. Prakash Ranjan Nayak, Mr. Nishanth Patil, Ms. Sneha R. Iyer, Mr. Sudhir Naagar.

ORDER :

1. Whether a person licensed to drive a light motor vehicle is ipso facto entitled to drive a transport vehicle in that category, is the question to be considered in these cases. We find that the issue has been considered by this Court by a Bench of three Judges in Mukund Dewangan vs. Oriental Insurance Company Ltd. (2017) 14 SCC 663.

2. The conclusions in Mukund Dewangan (supra), as summarised by the Court, read as follows:

    “60. Thus, we answer the questions which are referred to us thus:

    60.1. “Light motor vehicle” as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Sections 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act 54 of 1994.

    60.2. A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg would be a light motor vehicle and also motor car or tractor or a road-roller, “un-laden weight” of which does not exceed 7500 kg and holder of a driving licence to drive class of “light motor vehicle” as provided in Section 10(2) (d) is competent to drive a transport vehicle or omnib

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