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2009 Supreme(HP) 1314

DEEPAK GUPTA
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
GHANSHAYAM – Respondent


Advocates appeared:
For the Appellant:Ms.Devyani Sharma, Advocate.
For the Respondents:Mr.Ban Bhushan, Advocate, vice Mr.Sanjeev Bhushan, Advocate, for
respondents No.1 and Mr.Ajay Sharma, Advocate for the respondent No.3.

JUDGMENT

Deepak Gupta, J.-The only question which arises in this appeal is whether a person holding a licence entitling him to drive a light motor vehicle is also entitled to drive a two wheeler scooter or motor cycle or not?

2. Ms. Devyani Sharma, learned counsel for the Insurance Company, has contended that a person holding a driving license for L.M.V. which has four wheels is not entitled to drive a motor vehicle of two wheels for which a separate license or endorsement is required. In support of her submission, learned counsel has referred to the definition of `driving license’ in Section 2(10) of the Act which reads as follows:--

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

3. Reference has also been made to the definition of light motor vehicle in Section 2(21) which reads as follows:-

“2(21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not e






































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