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2011 Supreme(HP) 2172

DEEPAK GUPTA
New India Assurance Company – Appellant
Versus
Tika Ram – Respondent


Advocates appeared:
For the appellant:Mr. B.M Chauhan, Advocate.
For the respondents:Mr. V.S. Chauhan, Advocate for respondent No.1.
Mr. C.N. Singh, Advocate for respondents No. 2 and 3.

JUDGMENT:

Deepak Gupta, J(oral).

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. Mr. B.M. Chauhan, 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; 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 no


























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