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Mukund Dewangan v. Oriental Insurance Co. Ltd. etc. - (Supreme Court) (11 Feb 2016)

Larger bench to determine issue on 'light' transport vehicle licence

Motor Vehicles

Does one holding a licence to drive a light motor vehicles require an endorsement to drive a transport vehicle even it falls within the class of light motor vehicle? “Don’t know” would be the response of the two-judge bench of the Supreme Court that referred it the matter raising the question to a larger bench. Whereas previous iterations of the Motor Vehicles Act, 1988 treated transport vehicles as part of light or heavy motor vehicle, amendment in 1994 saw ‘transport vehicle’ replacing medium and heavy passenger and goods vehicles. As such, the query lay in whether, by amendment, light transport vehicles too had been taken out of the purview of LMV. Exacerbating the Court’s dilemma about classification of ‘light’ transport vehicles was the disparity in the legislation and forms contained in the Central Motor Vehicle Rules, 198, and lack of accounting for a myriad of vehicles and their uses.

Relevant : Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan & Ors.MANU/SC/0482/1987 Nagashetty v. United India Insurance Co. Ltd. & Ors.MANU/SC/0460/2001 Section 2(10) of the Motor Vehicles Act, 1988 Section 10 of the Motor Vehicles Act, 1988


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