Mukund Dewangan Vs. Oriental Insurance Co. Ltd. Etc.
Motor Vehicles Act,1988 - Section 2 (21) , (10)
Light Motor Vehicle - Transport Vehicle - Driving Licence - Requirement of endorsement - There appears to be a conflict in the decisions of the Apex Court with respect to the pre-amended position and also after amendment has been effected in the Forms in 2001 -Following questions are required to be referred to larger Bench:
1. What is the meaning to be given to the definition of "light motor vehicle" as defined in section 2(21) of the MV Act? Whether transport vehicles are excluded from it?
2. Whether 'transport vehicle' and 'omnibus' the "gross vehicle weight" of either of which does not exceed 7500 kgs. would be a "light motor vehicle" and also motor-car or tractor or a road roller, "unladen weight" of which does not exceed 7500 kgs. and holder of licence to drive class of "light motor vehicle" as provided in section 10(2)(d) would be competent to drive a transport vehicle or omnibus, the "gross vehicle weight" of which does not exceed 7500 kgs. or a motor-car or tractor or road roller, the "unladen weight" of which does not exceed 7500 kgs. ?
3. What is the effect of the amendment made by virtue of Act No.54 of 1994 w.e.f. 14.11.1994 while substituting clauses (e) to (h) of section 10(2) which contained "medium goods vehicle", "medium passenger motor vehicle", "heavy goods vehicle" and "heavy passenger motor vehicle" by "transport vehicle"? Whether insertion of expression 'transport vehicle' under section 10(2)(e) is related to said substituted classes only or it also excluded transport vehicle of light motor vehicle class from purview of Sections 10(2)(d) and 2(41) of the Act?
4. What is the effect of amendment of the Form 4 as to operation of the provisions contained in section 10 as amended in the year 1994 and whether procedure to obtain driving licence for transport vehicle of class of "Light Motor Vehicle" has been changed ?
Matters directed to be placed before Hon'ble the Chief Justice of India to constitute a larger Bench in order to resolve conflict in the views expressed by different Benches of the Apex Court.
Topic(s)-Light Motor Vehicle - Transport Vehicle - Driving License - Referred to larger bench