Supreme Court

Mukund Dewangan v. Oriental Insurance Co. Ltd. etc.

11.02.2016

Motor Vehicles

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

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

Tags : Driving licence transport vehicle lmv

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