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2022 Supreme(SC) 785

UDAY UMESH LALIT, S. RAVINDRA BHAT, PAMIDIGHANTAM SRI NARASIMHA
Bajaj Alliance General Insurance Co. Ltd. – Appellant
Versus
Rambha Devi – Respondent


ORDER :

1. On a reference made by a Two-Judge Bench in Civil Appeal No.841 of 2018 and other connected matters, these matters have been listed before us.

2. The referral order dated 03.05.2018 notes that a Three-Judge Bench of this Court in Mukund Dewangan v. Oriental Insurance Company Limited, (2017) 14 SCC 663, considered inter alia question whether a person holding a driving licence in respect of “light motor vehicle”, could on the strength of that licence, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kgs. The referral order quoted the conclusions drawn in paragraphs 60 to 60.4 in Mukund Dewangan (supra):

    “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 als

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