MANU/SC/0797/2017
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5826 of 2011, SLP (C) Nos. 32828, 32833, 32835 of 2010, SLP (C) Nos. 8709-8710, 8712-8713 of 2014, SLP (C) Nos. 20072, 3300, 3302 of 2015, SLP (C) Nos. 887-890 of 2013, SLP (C) No. 16082 of 2012, SLP (C) Nos. 28455-28456 of 2013, Civil Appeal No. 6379 of 2013, SLP (C) Nos. 13008, 15759-15760, 14333-14334 of 2014, SLP (C) No. 6429 of 2015, SLP (C) Nos. 36364-36365 of 2014, SLP (C) No. 15924 of 2015, Civil Appeal No. 9990 of 2014, SLP (C) Nos. 8704-8706 of 2014, Civil Appeal Nos. 4068-4069 of 2012, SLP (C) No. 32827 of 2010, SLP (C) Nos. 15881, 28778, 2492-2493 of 2016, Civil Appeal No. 8992 of 2012 and SLP (C) No. 25373 of 2014
Decided On: 03.07.2017
Appellants: Mukund Dewangan Vs. Respondent: Oriental Insurance Company Limited
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 vehi........