MUKUND DEWANGAN VS ORIENTAL INSURANCE COMPANY LIMITED

On July 3, 2017, the question before the court in Mukund Dewangan v. Oriental Insurance Company Limited [Civil Appeal No.5826 of 2011] was whether a driver with a ‘light motor vehicle’ licence who drives a ‘transport vehicle’ of that class is required to obtain an endorsement to drive a transport vehicle. The matter was addressed in light of a contradiction in previous Supreme Court decisions about the legal status of the revision to the Forms for Driver’s License made on March 28, 2001. The amendment to section 10 of the Motor Vehicles Act of 1988 enacted by Amendment Act 54 of 1994 was also looked upon.

Section 10 of the Motor Vehicles Act of 1988, according to a three-judge panel, “requires a driver to obtain a licence with respect to the class of vehicles, not the type of vehicles.” There may be various types of cars within a single vehicle class. If they belong to the same class of vehicle, no further endorsement is required to operate them. Because a light motor vehicle licence covers all vehicles in the class, including transport vehicles, a bearer of a light motor vehicle licence can drive any vehicle in the class, including transport vehicles. It was both the pre-amended and post-amended status of Form 4 as amended on March 28, 2001. Even if the forms never intended to exclude transport vehicles from the category of ‘light motor vehicles,’ the validity period of such a licence applies to transport vehicles of that class as well, and the expression ‘Transport Vehicle’ in Section 10(2)(e) of the Act would include medium goods vehicles, medium passenger motor vehicles, and heavy goods vehicles. As a result, the following was held: –

  1. A transport vehicle as defined in section 2(21) read with sections 2(15) and 2(16) of the Act would be a “light motor vehicle” as defined in section 2(21). (48). By virtue of Amendment Act No.54/1994, such transport vehicles are not excluded from the definition of a light motor vehicle.
  2. A transport vehicle and an omnibus, both of which have a gross vehicle weight of less than 7500 kg. A light motor vehicle, as well as a car, tractor, or road roller, with an unladen weight of less than 7500 kg. and the holder of a driver’s license for a “light motor vehicle” as defined in section 10(2)(d) is qualified to operate a transport vehicle or omnibus with a gross vehicle weight of less than 7500 kg. or a motor vehicle, tractor, or road-roller with an unladen weight of less than 7500 kg. To operate a transport vehicle of the light motor vehicle class enumerated above, no further endorsement on the driver’s license is required. After Amendment Act 54/1994 and 28.3.2001 in the form, a license issued under section 10(2)(d) remains valid.
  3. The effect of the amendment made by virtue of Act No.54/1994, which replaced clauses (e) to (h) of section 10(2), which contained “medium goods vehicle” in section 10(2)(e), “medium passenger motor vehicle” in section 10(2)(f), “heavy goods vehicle” in section 10(2)(g), and “heavy passenger motor vehicle” in section 10(2)(h), with the expression “transport vehicle” as substituted in sect. It does not exclude transport vehicles, such as light motor vehicles, from the provisions of sections 10(2)(d) and 2(41) of the Act.
  4. The effect of the addition of “transport vehicle” to Form 4 is limited to the categories that were substituted in 1994, and the procedure for obtaining a driver’s license for a transport vehicle of the class of “light motor vehicle” remains unchanged, and there is no requirement to obtain a separate endorsement to drive a transport vehicle.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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