Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2(21) - Transport vehicle - Whether a driver who is having a licence to drive 'light motor vehicle' and is driving 'transport vehicle' of that class is required additionally to obtain an endorsement to drive a transport vehicle 1988: ss.3 10(2) Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Motor Vehicles Act, 1988: ss.3, 10(2), 2(21) - Transport vehicle - Whether a driver who is having a licence to drive 'light motor vehicle' and is driving 'transport vehicle' of that class is required additionally to obtain an endorsement to drive a transport vehicle - Held: When the definition of 'light motor vehicle' is read with s.10(2)(d), it is clear that 'light motor vehicle' is also a 'transport vehicle', the gross vehicle weight or unladen weight of which does not exceed 7500 kgs. as specified in the provision - A driver is issued a licence as per the class of vehicle i.e. light motor vehicle, transport vehicle or omnibus or another vehicle of other categories as per gross vehicle ·weight or unladen weight as specified in s.2(21) of the Act - The provision of s.3 of the Act requires that a person in order to drive a 'transport vehicle' must have authorization - Once a licence is issued to drive light motor vehicle, it would also mean specific authorization to drive a transport vehicle or omnibus, the gross vehicle weight or motor car, road roller or tractor, the unladen weight of which, as the case may be, does not exceed 7500 kg. - The insertion of 'transport vehicle' category in s.10(2)(e) has no effect of obliterating the already defined category of transport vehicles of the class of light motor vehicle - When a driver is authorised to drive a vehicle, he can drive it irrespective of the fact whether it is used for a private purpose or for purpose of hire or reward or for carrying the goods in the said vehicle - This is what is intended by the provision of the Act, and the Amendment Act 54/1994 - Thus, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class - Motor Vehicles Rules, 1989 .- rr.8, 17, . 31, 34. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2017 INSC 576 |
Petitioner | Mukund Dewangan |
Respondent | Oriental Insurance Company Limited |
SCR | [2017] 7 S.C.R. 765 |
Judgement Date | 2017-07-03 |
Case Number | 5826 |
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