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Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5826 OF 2011

Mukund Dewangan

… Appellant

Vs.

Oriental Insurance Co. Ltd. etc.

… Respondents

[With SLP [C] Nos.32828, 32833 and 32835/2010, 8709-8710 and

8712-8713/2014, 20072, 3300 and 3302/2015, 887-890/2013,

16082/2012, 28455-28456/2013, CA No. 6379/2013, SLP (C)

Nos.13008, 15759-15760 and 14333-14334/2014, 6429/2015,

36364-36365/2014, 15924/2015, CA No.9990/14, SLP (C) Nos.

8704-8706/2014, CA Nos. 4068-4069/2012, SLP (C) No. 32827/2010

and CA No.8992/2012]

ORDER

ARUN MISHRA, J.

1.

The question raised is whether for the drivers having licence to

drive light motor vehicles there is a necessity of obtaining

endorsement to drive the transport vehicle when the transport vehicle

is of class of light motor vehicle.

Digitally signed by

Sukhbir Paul Kaur

Date: 2016.02.11

16:08:38 IST

Reason:

Signature Not Verified

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2.

We have heard learned counsel for the parties at length. For

consideration of aforesaid question, it is necessary to refer to various

provisions and decisions.

3.

Driving licence has been defined in section 2(10) of the Act of

1988. The provision is extracted hereinbelow :

“2(10) “driving licence" means the licence issued by a

competent authority under Chapter II authorising the person

specified therein to drive, otherwise than as a learner, a motor

vehicle or a motor vehicle of any specified class or description.”

Gross vehicle weight has been defined in section 2(15) thus :

“2(15) “gross vehicle weight" means in respect of any vehicle

the total weight of the vehicle and load certified and registered

by the registering authority as permissible for that vehicle;”

Heavy goods vehicle has been defined in section 2(16) to mean:

“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;”

Heavy passenger motor vehicle has been defined in section

2(17) thus :

“2(17) “heavy passenger motor vehicle" means any public

service vehicle or private service vehicle or educational

institution bus or omnibus the gross vehicle weight of any of

which; or a motor-car the unladen weight of which, exceeds

12,000 kilograms;”

Light motor vehicle has been defined in section 2(21) of the Act

thus :

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“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;”

Medium goods vehicle has been defined in section 2(23) to

mean :

“2(23) “medium goods vehicle" means any goods carriage

other than a light motor vehicle or a heavy goods vehicle;”

Medium passenger motor vehicle is defined under section 2(24)

thus :

“2(24) “medium passenger motor vehicle" means any public

service vehicle or private service vehicle, or educational

institution bus other than a motor-cycle, invalid carriage, light

motor vehicle or heavy passenger motor vehicle;”

Motor car has been defined in section 2(26) of the Act of 1988

thus :

“2(26) “motor-car" means any motor vehicle other than a

transport vehicle, omnibus, road-roller, tractor, motor-cycle or

invalid carriage;”

“Omnibus” has been defined in section 2(29) thus :

“2(29) “omnibus" means any motor vehicle constructed or

adapted to carry more than six persons excluding the driver;”

“Tractor” has been defined in section 2(44) of the Act thus :

“2(44) “tractor" means a motor vehicle which is not itself

constructed to carry any load (other than equipment used for

the purpose of propulsion); but excludes a road-roller;”

“Transport vehicle has been defined in section 2(47) thus :

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“2(47) “transport vehicle" means a public service vehicle, a

goods carriage, an educational institution bus or a private

service vehicle;”

“Unladen weight” has been defined in secti