Hon'ble Judges/Coram:
Arun Mishra, Amitava Roy and Sanjay Kishan Kaul

JUDGMENT

Arun Mishra, J.

1. In the reference, the main question involved is 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? There is a conflict in the plethora of decisions of this Court. In Ashok Gangadhar Maratha v. Oriental Insurance Co. Ltd.   MANU/SC/0541/1999 : (1999) 6 SCC 620, S. Iyyapan v. United India Insurance Co. Ltd. and Anr.   MANU/SC/0632/2013 : (2013) 7 SCC 62, Nagashetty v. United India Insurance Co. Ltd. and Ors.   MANU/SC/0460/2001 : (2001) 8 SCC 56, the view taken by this Court was that when a driver is holding a licence to drive light motor vehicle', he is competent to drive a 'transport vehicle' of that category without specific endorsement to drive the transport vehicle; whereas in New India Assurance Co. Ltd. v. Prabhu Lal   MANU/SC/4527/2007 : (2008) 1 SCC 696, a view had been taken that before 2001 also, it was necessary for a driver possessing driving licence to drive light motor vehicle to obtain an endorsement to drive transport vehicle of that class; whereas in National Insurance Co. Ltd. v. Annappa Irappa Nesaria alias Nesargi and Ors.   MANU/SC/7093/2008 : (2008) 3 SCC 464, a distinction was made in the legal position which existed before 28.3.2001 i.e. the date of amendment of the form and subsequent thereto. It was opined that before 28.3.2001 there was no necessity for the holder of a licence to drive light motor vehicle to obtain an endorsement to drive transport vehicle........