MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD. ETC.

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A having been prescribed for "light motor vehicle", heavy and medium whicles was also not placed for consideration.

39Copy pinpoint39. Jn Ashok Ga11gadhar Maratha in para I 0 (supra), S.Iyyapan v. United India Insurance Co. (supra), Kulll"ant Singh & Ors. v. Oriental Insurance Co. Ltd. (supra), and Nagashetty \~ United India insurance Co. Ltd. & Ors. (supra), the view taken is that when driver 1s holding licence to drive light motor vehicle, he is competent to drive transport vehicle of that category; whereas in New India Assurance Co. Ltd. v. Prabhu Lal (supra) the view taken is that before 2001 also it was necessary for a driver possessing licence to drive Light Motor Vehicle to obtain endorsement to drive transport vehicle of that category; c whereas in National Insurance Co. Ltd. v. Annappa Irappa Nesaria (supra), this Court laid down that before 28.3.2001 there was no necessity for holder of licence to drive light motor vehicle to have endorsement to drive transport vehicle; whereas in Neil' India Assurance Co. Ltd. v. Roshanbe11 Rahemansha Fakir & Am: (supra) and Oriental Insurance D C'o. Ltd. v. Angad Kol & Ors. (supra), the view taken is that it is necessary for holder of light motor vehicle licence to obtain specific endorsement 011 licence, to drive transport vehicle of the light motor vehicle weight as provided in section 2( 41 ). Thus, there appears to be a conflict in the decisions of this Court with respect to the pre-amended position and also after amendment has been effected in the Forms in 2001. In view of aforesaid discussion, following questions are required to be referred to larger Bench : I. What is the meaning to be given to the definition of "light motor vehicle'' as defined in section 2(21) of the MY Act? f< Whether transpo1t 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 I 0(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 wl!ight" of which does not exceed 7500 kgs.?

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ETC. [ARUN MISHRA, J.]

3. What is the effect of the amendment made by virtue of Act No.54of1994 w.e.f. 14.11.1994 while substituting clauses (e) to (h) of section I 0(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 I 0(2)( e) B is related to said substituted classes only or it also excluded trans- port vehicle oflight motor vehicle class from purview of Sections I 0(2)( d) and 2(41) of the Act?

4. What is the effect of amendment of t)le Form 4 as to operation of the provisions contained in section I 0 as amended in the year 1994 and whether procedure to obtain driving licence for trans- c poti vehicle of class of"Light Motor Vehicle" has been changed?

40Copy pinpoint40. Let the matters 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 this Court. D

K<ilpana K. Tripat)ly Matter referred to larger bench.