Arun Bhansali, J.

This appeal by owner and driver of the vehicle is directed against the judgment and award dated 5.12.2012 passed by the Motor Accident Claims Tribunal, (I) Jodhpur, ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 5,58,000/- as compensation to the claimants, however it has exonerated the Insurance Company and has ordered to pay and recover.

2. It is submitted by learned counsel for the appellant that the issue raised in the present appeal about the eligibility of person holding licence to drive 'light motor vehicle' to drive 'light passenger vehicle' 'light transport vehicle' is now squarely covered by judgment in the case of Mukund Dewangan v. Oriental Insurance Company Ltd. & Ors., Civil Appeal No. 5826 of 2011, decided on 3.7.2017 and therefore, the finding of the Tribunal regarding exoneration of the Insurance Company as well as direction to pay and recover deserves to be set aside.

3. Learned counsel for the respondent is not in a position to dispute the fact that the issue raised is covered by judgment by Hon'ble Supreme Court in the case of Mukund Dewangan (supra).

4. The Hon'ble Supreme Court in the case of Mukund Dewangan (supra) laid down as under:

"46. Section 10 of the Act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. In one class of vehicles, there may be different kinds of vehicles. If they fall in the same class of vehicles, no separate endorsement is required to drive such vehicles. As light motor vehicle includes transport vehicle also, a holder of light motor vehicle licence can drive all the vehicles of the class including transport vehicles. It was pre-amended position as well the post-amended position of Form 4 as amended on 28.3.2001. Any other interpretation would be repugnant to the definition of "light motor vehicle" in section 2(21) and the provisions of section 10(2)(d), Rule 8 of the Rules of 1989, other provisions and also the forms which are in tune with the provisions. Even otherwise the forms never intended to exclude transport vehicles from the category of 'light motor vehicles' and for light motor vehicle, the validity period of such licence hold good and apply for the transport vehicle of such class also and the expression in Section 10(2)(e) of the Act 'Transport Vehicle' would include medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, heavy passenger motor vehicle which earlier found place in section 10(2)(e) to (h) and our conclusion is fortified by the syllabus and rules which we have discussed. Thus we answer the questions which are referred to us thus:

(i) '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 section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54/1994.

(ii) 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, 'unladen 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 omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form.

(iii) The effect of the amendment made by virtue of Act No. 54/1994 w.e.f. 14.11.1994 while substituting clauses (e) to (h) of section 10(2) which contained "medium goods vehicle" in section 10(2)(e), medium