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2015 Supreme(Tri) 353

DEEPAK GUPTA
National Insurance Company Ltd. – Appellant
Versus
Mousumi Das – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. A. Lodh, Advocate.
For the respondents 1 to 3:Mr. B. Debnath, Advocate.

JUDGMENT :

The only substantial question of law raised in this appeal filed under the Workmen’s Compensation Act is,

“Whether, in an accident which took place after 14-11-1994, it is necessary for the driver of the vehicle to have a license to drive a medium goods vehicle.”

2.At the outset, it may be noted that after the amendment of the Motor Vehicles Act, 1988 by Act No.54 of 1994, there are three types of vehicles namely light motor vehicles, medium goods vehicle and heavy vehicles.

3.A light motor vehicle is defined 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 exceed 7,500 kilograms;”

4.Heavy goods vehicle is defined as follows:-

“2(16).“heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;”

5. Medium goods vehicle is defined as follows:-

“2(23).“medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle;”

6.Therefore, a vehicle having unladen weight not exceed





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