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TMI Blog2017 (7) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... ight Motor Vehicle has been changed. HELD THAT:- The questions are answered as below: (i) 'Light motor vehicle' as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No. 54/1994. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of light motor vehicle as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the unladen weight of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued Under Section 10(2)(d) continues to be valid after Amendment Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, Adv., Ms. Vijayalaxmi, V. Adv., Mr. Anil Kumar, AOR. For the Respondent : Ms. Archana Pathak Dave, AOR, Ms. Meenakshi Midha, Adv., Mr. Chander Shekhar Ashri, AOR, for M/s. Law Associates, AOR, Mr. Sanjay Kumar Singh, AOR, Mr. G. Balaji, AOR, Mr. C. K. Rai, AOR, Mr. Varinder Kumar Sharma, AOR, Ms. Meera Mathur, AOR, Dr. Meera Agarwal, AOR, Mr. Anis Ahmed Khan, AOR, Mr. Viresh B. Saharya, AOR, Mr. M. K. Dua, AOR, Mr. Javed Mahmud Rao, AOR, Mr. Nand Ram, Adv., Mr. Manish P. Singh, Adv., Mr. Ajay Singh, Adv., Dr. Nafis A. Siddiqui, AOR, Ms. Nidhi, AOR, Mr. Garvesh Kabra, AOR, Mr. Anish Kumar Gupta, AOR, Mr. R.K. Rajwanshi, Adv., Mr. Chandra Shekhar Suman, Adv., Ms. Deep Shikha Bharti, Adv., Ms. Sakshi Mittal, AOR, Ms. Neerja Sachdeva, Adv., Ms. Meera Mathur, Adv. 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. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 the purview of Sections 10(2)(d) and 2(41) of the Act? 4. What is the effect of Amendment of Form 4 as to the operation of the provisions contained in Section 10 as amended in the year 1994 and whether the procedure to obtain the driving licence for transport vehicle of the class of Light Motor Vehicle has been changed? There is a conflict in the aforesaid decisions of this Court with respect to the legal position as to pre-amended and also the post-amendment legal position of the amendment made on 28.3.2001 in the Forms for driving licence. In order to answer the questions, it is necessary to consider the vari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government. (2) A learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: (a) motorcycle without gear; (b) motorcycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) medium goods vehicle; (f) medium passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger motor vehicle; (i) roadroller; (j) motor vehicle of a specified description. It is apparent from the pre-amended provision which existed before the amendment made in the year 1994 that class or description of the vehicle for which licence used to be issued were categorized inter alia as light motor vehicle, medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, heavy passenger motor vehicle and motor vehicle of a specified description. Transport vehicle was not a separate class, and it could be Under Section 10(1)(d) to (h). 6. The amendment had been made in Section 10 by virtue of Amendment Act 54 of 1994. The Statement of Objects and Reasons of the Amendment Act being relevant is extracted hereunder: Amendment Act 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for vehicles running on non-polluting fuels; (e) ceilings on individuals or Co. holdings removed to curb benami holdings; (f) States authorised to appoint one or more State Transport Appellate Tribunals; (g) punitive checks on the use of such components that do not conform to the prescribed standards by manufactures, and also stocking/sale by the traders; (h) increase in the amount of compensation of the victims of hit and run cases; (i) removal of time limit for filling of application by road accident victims for compensation; (j) punishment in case of certain offences is made stringent; (k) a new pre-determined formula for payment of compensation to road accident victims on the basis of age/income, which is more liberal and rational. 5. The Law Commission in its 119th Report had recommended that every application for a claim be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the Defendant resides, at the option of the claimant. The bill also makes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0] kilograms; (23) medium goods vehicle means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) medium passenger motor vehicle means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle; 9. The definition of 'gross vehicle weight' and 'unladen weight' are also significant as the expression finds a place in the aforesaid definitions. Said definitions in Sections 2(15) and 2(48) are as under: 2(15) gross vehicle weight means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; 2(48) unladen weight means the weight of a vehicle or trailer including all equipments ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part; or body; 10. Transport vehicle' has been referred in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle shall possess such minimum educational qualification as may be prescribed by the Central Government. Licensing authority may refuse to issue a licence to a habitual criminal or a habitual drunkard or who is habitually addicted to any narcotic drug or psychotropic substance or whose licence had been revoked earlier. 13. Prior to amendment in 1994 licence for transport vehicle was clearly covered as per Section 10(2) in five categories, i.e., Section 10(2)(d) light motor vehicle, Section 10(2)(e) medium goods vehicle, Section 10(2)(f) medium passenger motor vehicle, Section 10(2)(g) heavy goods vehicle and Section 10(2)(h) heavy passenger motor vehicle. The licence for light motor vehicle' has been provided in Section 10(2)(d). The expression 'transport vehicle' has been inserted by virtue of Amendment Act 54/1994 in Section 10(2)(e) after deleting four categories or classes of vehicles, i.e. medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, and heavy passenger motor vehicle. Earlier Section 10 did not contain the separate class of transport vehicles. 14. The definition of light motor vehicle' makes it clear that for a transport vehi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hus, the newly incorporated expression 'transport vehicle' in Section 10(2)(e) would include only the vehicles of the category as defined in Section 2(16) - heavy goods vehicle, Section 2(17) - heavy passenger motor vehicle, Section 2(23) - medium goods vehicle and Section 2(24) medium passenger motor vehicle, and would not include the light motor vehicle' which means transport vehicle also of the weight specified in Section 2(21). 15. Form 4 has led to some of the divergent views of this Court which was prevalent before 28.3.2001 prescribed Under Rule 14 of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules of 1989'). The relevant portion is extracted hereunder: FORM 4 [See Rule 14] Form of application for licence to drive a motor vehicle To, The Licensing Authority, .. Passport size photographs I apply for a licence to enable me to drive vehicles of the following description (a) Motorcycle without gear (b) Motorcycle with gear (c) Invalid carriage (d) Light motor vehicle (e) M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucted on (here enter the registration mark and description of the vehicle) on (date). The applicant has failed in the test. (The details of deficiency to be listed out) Date _________________ Signature of testing Authority Full name designation Two specimen signatures of applicant: 1. 2. Strike out whichever is inapplicable. Though Form 4 has undergone other changes with respect to Item (a) - motorcycle without gear, same is not relevant for our purpose. Form 4 makes it apparent that light motor vehicle' is a description of the kind of vehicle as defined in Section 2(21). A transport vehicle of a light motor vehicle category is not at all excluded from the Form. Even otherwise the Form cannot control the substantive provisions carved out in Section 10(2)(d) and 10(2)(e). The interpretation of the Form is also to be in tune with the Statement of Objects Reasons and the provisions of the Act inserted by virtue of the Amendment. Though it appears that in the amended Form, 'medium passenger motor vehicle' remains, that appears to be more due to oversight. Thus, as intended, the simplification of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor vehicle in Section 10(2)(d) and Anr. category of the transport vehicle to be added is only as in the amended provision 10(2)(e). Rule 8 refers to the addition of transport vehicle to light motor vehicle category, otherwise no purpose would be left behind insertion of Rule 8 again in the year 2007, in case transport vehicles of all categories are read into Section 10(2)(e), Rule 8 also unambiguously lends support to the legislative intent behind Section 10(2)(e). Any other interpretation would make it a redundant rule. An exercise in futility is not undertaken by legislation. 18. Driving licence is issued in Form 6 as provided in Rule 16 of the Rules of 1989. Form 6 is extracted hereunder: FORM 6 [See Rule 16(1)] (To be printed in book form of the size six centimeters by eight centimeters) Form of Driving Licence Passport size photographs Name of the licence holder Son/Wife/Daughter of (Part of the seal and signature of the Licensing Authority to be on the photograph and part on the driving licence) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Name and designation of the authority who conducted the driving test. Space for addition of other classes of vehicles Number . Date Also authorised to drive the following class of or description of motor vehicles Name and designation of the Authority who conducted the driving test. Signature and designation of Licensing Authority. Date: . Space for renewal of driving licence. The licence to drive motor vehicles other than transport vehicles is hereby renewed. The licence to drive transport vehicles is hereby renewed From . to . Signature of Licensing Authority. From to Signature of Licensing Auth. From . to . Signature of Licensing Authority. From to Signature of Licensing Auth. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cence. - (1) An application for addition of another class or description of motor vehicle to the driving licence shall be made in Form 8 to the licensing authority and shall be accompanied from-- (a) an effective learner's licence and driving licence held by the applicant; (b) in the case of an application for addition of a transport vehicle, the driving certificate in Form 5; (c) * * * (d) appropriate fee as specified in Rule 32. (2) The provisions of Sub-section (1), Sub-section (3) and Sub-section (4) of Section 9 shall, insofar as may be, apply in relation to an application under Sub-rule (1) as they apply in relation to an application for the grant of a driving licence. FORM 8 [See Rule 17(1)] Application for the addition of a new class of vehicle to a driving licence To, The Licensing Authority, I, Shri/Smt/Kumari hereby apply for the addition of the following class/classes of motor vehicle to the attached licence (a) Motorcycle without gear, (b) Motorcycle with gear, (c) Invalid carriages, (d) Light motor vehicles, (e) Transport vehicle, (f) Medium passenger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government of India or Automotive Research Association of India as provided in Rule 126. The vehicles must conform to the provisions of the Rules made Under Section 110 of the Act. The relevant information has to be inserted as per Section 41 of the Act in the registration particulars as may be prescribed by the Central Government i.e. class of vehicle, gross vehicle weight, as well as unladen weight, are required to be mentioned in the registration particulars in Form 20. 22. The interpretation made by us is also supported by the syllabus which is prescribed for light vehicles and separately for medium and heavy vehicles driving practice. Rule 31 of the Rules contains the syllabus for imparting instructions in the driving of motor vehicles in schools or establishments/The syllabus is divided into Parts A to K thus: 36. Rule 31 of the Rules contains a syllabus for imparting instructions in the driving of motor vehicles in schools or establishments. That syllabus is divided in Parts A to K. Part A deals with driving theory-1. B-Traffic education-I. C-Light vehicles driving practice. D-Vehicle mechanism and repairs. E-Medium and heavy vehicle driving. F-Traff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... here is no possibility of mistaking midnight for noon, but at what precise moment Twilight becomes darkness is hard to determine. As observed in Muray v. Foyle Meats Ltd. (1999) 3 All ER 769, faced with such problems, the Court is also conscious of a dividing line, but Court has to be conscious not to divert its attention from the language used in the statutory provision and encourage an approach not intended by the legislature. The first and primary Rule of construction is that the intention of the legislature must be found in the words used by Legislature itself, as held in Kannai Lal Sur v. Paramnidhi Sadhukhan AIR 1967 SC 907. Each word, phrase or sentence is to be construed in the light of the general purpose of the Act itself as held in Poppatlal Shah v. State of Madras AIR 1953 SC 274, Girdharilal Sons v. Balbir Nath Mathur (1986) 2 SCC 237 and Atma Ram Mittal v. Ishwar Singh Punia (1988) 4 SCC 284. 26. It was held in Reserve Bank of India v. Pearless General Finance and Investment Co. (1987) 1 SCC 424 that interpretation must depend on the text and the context. They are the bases of interpretation. One may well say that if the text is the texture, context is what give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plain or ambiguous can only be arrived at by studying the statute as a whole. Every word and expression which the legislature uses have to be given its proper and effective meaning, as the Legislature uses no expression without purpose and meaning. The principle that the statute must be read as a whole is equally applicable to different parts of the same section. The Section must be construed as a whole whether or not one of the parts is a saving Clause or a proviso. It is not permissible to omit any part of it, the whole Section should be read together as held in The State of Bihar v. Hira Lal Kejriwal and Anr. AIR 1960 SC 47. 27. The author has further observed that the courts strongly lean against a construction which reduces the statutes to a futility as held in M. Pentiah and Ors. v. Muddala Veeramallappa AIR 1961 SC 1107 and Tinsukhia Electric Supply Co. Ltd. v. State of Assam and Ors. (1989) 3 SCC 709. When the words of a statute are clear or unambiguous i.e. they are reasonably susceptible to only one meaning, the courts are bound to give effect to that meaning irrespective of the consequences as held in Nelson Motis v. Union of India and Anr. (1992) 4 SCC 711, Gurudevda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing transport vehicle Under Section 10(2)(e), and plain and literal interpretation of existing provisions and amended provisions has to be made. When the legislature has not amended the aforesaid provisions it is not for the Court to legislate by making insertion in Section 10(2)(e), What has not been provided in the statute with a purpose, cannot be supplied by the courts. Court has to construe a provision and not to act as a legislature. In other words, interpretation as suggested by Insurers would mean rewriting of the provision, which is not permissible in the light of the aforesaid discussion. 31. In Skandia Insurance Co. Ltd. v. Kokilaben Chandravandan (1987) 2 SCC 654, this Court has laid down that the motive and philosophy of a provision should be probed, keeping in mind the goals to be achieved by enacting the same, and the defense built upon an exclusion Clause by insurer cannot succeed because on a true interpretation of the relevant Clause which interpretation is at peace with Section 96 of the Motor Vehicles Act, the condition excluding driving by a person not duly licensed is not absolute. The promisor is exculpated when he does everything in his power to keep prom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the courts would be recoverable from the persons held liable for the consequences of the accident. A court can only pass an award or a decree. It cannot ensure that such an award or decree results in the amount awarded being actually recovered, from the person held liable who may not have the resources. The exercise undertaken by the law courts would then be an exercise in futility. And the outcome of the legal proceedings which by the very nature of things involve the time cost and money cost invested from the scarce resources of the community would make a mockery of the injured victims, or the dependants of the deceased victim of the accident, who themselves are obliged to incur not inconsiderable expenditure of time, money and energy in litigation. To overcome this ugly situation the legislature has made it obligatory that no motor vehicle shall be used unless a third party insurance is in force. To use the vehicle without the requisite third party insurance being in force is a penal offence (Section 94 of the Motor Vehicles Act). The legislature was also faced with another problem. The insurance policy might provide for liability walled in by conditions which may be specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t be conscientiously posited that he has committed a breach? It is only when the insured himself places the vehicle in charge of a person who does not hold a driving licence, that it can be said that he is guilty of the breach of the promise that the vehicle will be driven by a licensed driver. It must be established by the Insurance Co. that the breach was on the part of the insured and that it was the insured who was guilty of violating the promise or infringement of the contract. Unless the insured is at fault and is guilty of a breach the insurer cannot escape from the obligation to indemnify the insured and successfully contend that he is exonerated having regard to the fact that the promisor (the insured) committed a breach of his promise. Not when some mishap occurs by some mischance. When the insured has done everything within his power inasmuch as he has engaged a licensed driver and has placed the vehicle in charge of a licensed driver, with the express or implied mandate to drive himself it cannot be said that the insured is guilty of any breach. And it is only in case of a breach or a violation of the promise on the part of the insured that the insurer can hide under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... volent eye and with a mind not tuned to the purpose and philosophy of the legislation without being informed of the true goals sought to be achieved. What the legislature has given, the Court cannot deprive of by way of an exercise in interpretation when the view which renders the provision potent is equally plausible as the one which renders the provision impotent. In fact, it appears that the former view is more plausible apart from the fact that it is more desirable. When the option is between opting for a view which will relieve the distress and misery of the victims of accidents or their dependants on the one hand and the equally plausible view which will reduce the profitability of the insurer in regard to the occupational hazard undertaken by him by way of business activity, there is hardly any choice. The Court cannot but opt for the former view. Even if one were to make a strictly doctrinaire approach, the very same conclusion would emerge in obeisance to the doctrine of reading down the exclusion Clause in the light of the main purpose of the provision so that the exclusion clause does not cross swords with the main purpose highlighted earlier. The effort must be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndition of the policy regarding use of vehicles by duly licensed driver or by one who was not qualified to drive at the relevant time. The insurer must prove that the breach was on the part of the owner of the vehicle and burden to prove would be on them. The tribunals in interpreting the policy conditions would apply the Rule of the main purpose and the concept of fundamental breach to allow defences available to the insured Under Section 149(2) of the Act. Whether the owner has taken reasonable care, has to be found out in each case. Swaran Singh (supra) had been referred to in Oriental Insurance Co. Ltd. v. Zaharulnisha (2008) 12 SCC 385 and it has been observed that if a person who has been given a licence for a particular type of vehicle, he cannot be said to have no licence for driving another type of vehicle which is of the same category but of a different type. As for example, when a person is granted a licence to drive a light motor vehicle, he can drive either a car or a jeep and it is not necessary that he must have driving licence both for car and jeep separately. In Zaharulnisha case (supra), this Court has laid down thus: 18. A three-Judge Bench of this Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t motor vehicle. If we proceed on the basis of the definition itself, we reach to the same conclusion that for driving transport vehicle of light motor vehicle category, no separate endorsement is required on a licence. Even when a light motor vehicle is used for carrying goods or for hire or rewards, it becomes a transport vehicle, though it remains included in the category of light motor vehicle as per Section 2(21) of the Act. The interpretation of the definition in Ashok Gangadhar Maratha (supra), makes it clear that light motor vehicle cannot always be a light goods carriage. It can be a non-transport vehicle as well. The definition of a light motor vehicle includes light goods vehicle and light transport vehicle also. The interpretation of the definition of light motor vehicle in aforesaid extracted para 10 is sound and we are in unison with the same. It was not necessary for the Court to go into the question of pleadings and evidence in Ashok Gangadhar Maratha (supra). 35. In Prabhu Lal (supra), this Court has taken a contrary view and held that when a driver was holding the valid licence to ply only light motor vehicle, and no endorsement was made on the licence enabling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he was disqualified from holding an effective valid licence at the time of an accident. In view of those facts, the Court held that the policy did not insist on the driver to have a licence to drive a transport vehicle by obtaining a specific endorsement. Considering the definition of light motor vehicle as given in Clause (21) of Section 2 of the Act, this Court held that such light motor vehicle (LMV) cannot always mean a light goods carriage. A light motor vehicle (LMV) can be a non-transport vehicle as well. The Court proceeded to observe that since there was neither a pleading nor a permit produced on record, the vehicle remained as a light motor vehicle. And though it can be said to have been designed to be used as a transport vehicle or a goods carriage, it could not be so held on account of the statutory prohibition contained in Section 66 of the Act to be a transport vehicle. It was, therefore, held that the Commission was not right in rejecting the claim of the claimant. Accordingly, this Court set aside the order passed by the Commission and directed the Insurance Company to pay compensation to the complainant. 40. It is no doubt true that in Ashok Gangadhar in spit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Rule 16 of the Rules and Form 6. In view of necessary documents on record, the Insurance Company was right in submitting that Ashok Gangadhar does not apply to the case on hand and the Insurance Company was not liable. 36. In our considered opinion Prabhu Lal's (supra) question has not decided correctly. The intendment and definition of the light motor vehicle which was clearly interpreted in Ashok Gangadhar Maratha (supra) in para 10 have not been taken into consideration in the correct perspective. Interpretation of Form 6 was also not correctly made. Even assuming that Ashok Gangadhar Maratha (supra) did not lay down that the driver holding licence to drive a light motor vehicle need not have an endorsement to drive a transport vehicle, but what emerges from the aforesaid discussion made by us it is clear that there is no necessity of such an endorsement for driving a transport vehicle of the category of light motor vehicle, which is not statutorily enjoined or provided for. The intendment of Section 3 has also not been correctly appreciated. It has to be read along with Section 10(2)(d) and (e) and those classes of vehicles which are included in a category 10(2)(a) to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pra) cannot be taken to be laying down correct legal position applicable after 28.3.2001. With respect to the post-amendment legal position, the decision cannot be said to be laying down the correct law. However, this Court has rightly opined in the aforesaid case that the person holding a licence to drive light motor vehicle could have driven light passenger carriage vehicle and light goods carriage vehicle also. Thus, the decision is partially overruled to the aforesaid extent only. 39. In Oriental Insurance Co. Ltd. v. Angad Kol and Ors. (2009) 11 SCC 356, this Court has considered the decisions in Annappa Irappa Nesaria (supra) and Prabhu Lal (supra). The accident took place on 31.10.2004. A mini door auto dashed against the insured. The question arose whether the driver was not having an effective driving licence to drive goods carriage vehicle since he was holding the licence to drive the motorcycle and light motor vehicle. It was granted for a period of 20 years and as such this Court presumed that it was meant for the purpose of driving a vehicle other than a transport vehicle. This Court has observed thus: 21. Licence having been granted for a period of 20 ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n cover the issue in favour of the Appellants. In Annappa Irappa Nesaria (2008) 3 SCC 464, this Court referred to the provisions of Sections 2(21) and (23) of the Motor Vehicles Act, 1988, which are definitions of light motor vehicle and medium goods vehicle respectively and the Rules prescribing the forms for the licence i.e. Rule 14 and Form 4. It was concluded: (SCC p. 468, para 20) 20. From what has been noticed hereinbefore, it is evident that 'transport vehicle' has now been substituted for 'medium goods vehicle' and 'heavy goods vehicle'. The light motor vehicle continued, at the relevant point of time to cover both light passenger carriage vehicle' and 'light goods carriage vehicle'. A driver who had a valid licence to drive a light motor vehicle, therefore, was authorised to drive a light goods vehicle as well. 9. In S. Iyyapan (2013) 7 SCC 62, the question was whether the driver who had a licence to drive light motor vehicle could drive light motor vehicle used as a commercial vehicle, without obtaining endorsement to drive a commercial vehicle. It was held that in such a case, the insurance Co. could not disown its liabil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave a valid driving licence to drive the type of vehicle he was driving. He submitted that as the driver did not have a valid driving licence to drive a transport vehicle, the Insurance Co. could not be made liable. He submitted that the High Court was right in so holding. 10. We are unable to accept the submissions of Mr. S.C. Sharda. It is an admitted fact that the driver had a valid and effective licence to drive a tractor. Undoubtedly Under Section 10, a licence is granted to drive specific categories of motor vehicles. The question is whether merely because a trailer was attached to the tractor and the tractor was used for carrying goods, the licence to drive a tractor becomes ineffective. If the argument of Mr. S.C. Sharda is to be accepted, then every time an owner of a private car, who has a licence to drive a light motor vehicle, attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a transport vehicle and the owner would be deemed to have no licence to drive that vehicle. It would lead to absurd results. Merely because a trailer is added either to a tractor or to a motor vehicle by itself does not mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a tractor would become disqualified to drive the tractor if a trailer was attached to it. 43. Section 10(2)(a) to (j) lays down the classes of vehicles to be driven not a specific kind of motor vehicles in that class. If a vehicle falls into any of the categories, a licence holder holding licence to drive the class of vehicle can drive all vehicles of that particular class. No separate endorsement is to be obtained nor provided, if the vehicle falls in any of the particular classes of Section 10(2). This Court has rightly observed in Nagashetty (supra) that in case submission to the contrary is accepted, then every time an owner of a private car, who has a licence to drive a light motor vehicle, attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a transport vehicle and the owner would be deemed to have no licence to drive that vehicle. It would lead to absurd results. Merely because a trailer is added either to a tractor or to a motor vehicle it by itself does not mean that driver ceased to have valid driving licence. In our considered opinion, even if such a vehicle is treated as transport vehicle of the li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m one place to another. When a vehicle is so altered or prepared that it becomes apt for use for transporting goods, it can be stated that it is adapted for the carriage of goods. Applying the above test, we are of the view that the tractor-trailer in the present case falls Under Section 2(14) as a goods carriage and consequently, it falls under the definition of transport vehicle Under Section 2(47) of the MV Act, 1988. There is no dispute with the aforesaid proposition, that tractor if drawing a trailer with goods would constitute goods carrier and consequently would be a transport vehicle. The aforesaid discussion was with respect to taxation and not with respect to the competence of driver holding light motor vehicle licence to drive the tractor attached with trailer/trolley carrying goods. The driver had the competence to drive such a vehicle, tractor with a trailer carrying goods being of light motor vehicle category transport vehicle which is the question involved in the instant case. Therefore, the decision renders no help with the cause espoused by the insurer. 45. Transport vehicle has been defined in Section 2(47) of the Act, to mean a public service vehicle, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... good and apply for the transport vehicle of such class also and the expression in Section 10(2)(e) of the Act Transport Vehicle' would include medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, heavy passenger motor vehicle which earlier found place in Section 10(2)(e) to (h) and our conclusion is fortified by the syllabus and Rules which we have discussed. Thus we answer the questions which are referred to us thus: (i) 'Light motor vehicle' as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No. 54/1994. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of light motor vehicle as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight ..... X X X X Extracts X X X X X X X X Extracts X X X X
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