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

- **Citation:** [2016] 3 S.C.R. 1075
- **Court:** Supreme Court of India
- **Decided:** 2016-02-11
- **Case number:** Civil Appeal No. 5826of2011
- **Bench:** Kurian Joseph, Arun Mishra
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/mukund-dewangan-v-oriental-insurance-co-ltd-etc-31122
- **Pages:** 51

## Headnote

·, Motor Vehicles Act, 1988 - ss.2(21), (41); 10(2)(d) - Driving
licence - Whether for the drivers having licence to drive 'light motor
vehicles' there is necessity of obtaining endorsement to drive the
'transport vehicle' when the 'transport vehicle' is of class of 'light
motor vehicle' - Conflicting decision of Supreme Court on the
question - Held: Matter referred to Larger Bench to decide the
questions: {l) Meaning required to be given to definition 'light motor
vehicle' as defined u/s. 2(21); (2) whether 'transport vehicle'
excluded from the definition of 'light motor vehicle'; (3) 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) 1i,ould
· 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 doefi not
exceed 7500 kgs.; (4) Effect of the amendment made by virtue of
Act No.54 of 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"; (5) Whether insertion of expression
'transport vehicle' under section I 0(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; (6) Effect of amendment of 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.
1075
A
B
c
D
E
F
G
H
1076
A
B
c
D
I:,
F
G
H
SUPREME COURT REPORTS
[2016] 3 S.C.R.
Skandia
Insurance
Co.
Ltd.
v.
Kokilaben
Chandravadan & Ors. (1987) 2 SCC 654:
1987 (2)
SCR 752: Sohan Lal Passi v. P. Sesh Reddy & Ors.
(1996) 5 SCC 21 : 1996 (3) Suppl. SCR 647 ; Ashok
Gangadhar Mara/ha v. Oriental Insurance Co. Ltd.
(1999) 6 sec 620: 1999 (2) Suppl. SCR 202 :
Oriental Insurance Co. Ltd. v. Zaharulnisha & Ors.
(2008) 12 SCC 385: 2008 (7) SCR 58 : National
Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297:
2004 (1) SCR 180 ; Ne11· India Assurance Co. Ltd. v.
Prabhu Lal (2008) 1 SCC 696: 2007 (12) SCR 724;
New India Assurance Co. Ltd.
v.
Roshanben
Rahemansha Fakir & Anr. (2008) 8 SCC 253: 2008
(8) SCR 328 : National Insurance Co. Ltd. v, Annappa
!rappa Nesariu alias Nesaragi & Ors. (2008) 3 SCC
464: 2008 (1) SCR 1061 ; Oriemal Insurance Co. Ltd.
v. Angad Kol & Ors. (2009) 11 SCC 356: 2009 (2) SCR
695 ; S.Iyyapan v. United India Insurance Co. (2013) 7
SCC 62: 2013 (7) SCR 45; Ku/want Singh & Ors. v.
Oriental Insurance Co.Ltd. (2015) 2 SCC 186;
Nagashetty v. United India Insurance Co. Ltd. & Ors.
(2001) 8 SCC 56: 2001 (1) Suppl. SCR 656- referred
to.
Case Law Reference
1987 (2) SCR 752
referred to
Para 22
1996 (3) Suppl. SCR 647
referred to
Para 23
1999 (2) Suppl. SCR 202
referred to
Para 24
2()08 (7) SCR 58
referred to
Para 25
2004 (1) SCR 180
referred to
Para 25
2007 (12) SCR 724
referred to
Para 26
2008 (8) SCR 328
referred to
Para 27
2008 (1) SCR 1061
referred to
Para 28
2009 (2) SCR 695
referred to
Para 30
2013 (7) SCR 45
referred to
Para 32
(2015) 2 sec 186
referred to
Para 33
2001 (1) Suppl. SCR 656
referred to
Para 34
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1077
ETC.

## Text

_Characters 0–39,884 of 104,336. This is a partial read: ask again with offset=39884 for what follows._

[2016] 3 S.C.R. 1075
MUKUND DEWANGAN
v.
ORIENTAL INSURANCE CO. LTD. ETC.
(Civil Appeal No. 5826of2011)
FEBRUARY 11, 2016
[KURIAN JOSEPH AND ARUN MISHRA, JJ.]
·, Motor Vehicles Act, 1988 - ss.2(21), (41); 10(2)(d) - Driving
licence - Whether for the drivers having licence to drive 'light motor
vehicles' there is necessity of obtaining endorsement to drive the
'transport vehicle' when the 'transport vehicle' is of class of 'light
motor vehicle' - Conflicting decision of Supreme Court on the
question - Held: Matter referred to Larger Bench to decide the
questions: {l) Meaning required to be given to definition 'light motor
vehicle' as defined u/s. 2(21); (2) whether 'transport vehicle'
excluded from the definition of 'light motor vehicle'; (3) 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) 1i,ould
· 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 doefi not
exceed 7500 kgs.; (4) Effect of the amendment made by virtue of
Act No.54 of 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"; (5) Whether insertion of expression
'transport vehicle' under section I 0(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; (6) Effect of amendment of 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.
1075
A
B
c
D
E
F
G
H
1076
A
B
c
D
I:,
F
G
H
SUPREME COURT REPORTS
[2016] 3 S.C.R.
Skandia
Insurance
Co.
Ltd.
v.
Kokilaben
Chandravadan & Ors. (1987) 2 SCC 654:
1987 (2)
SCR 752: Sohan Lal Passi v. P. Sesh Reddy & Ors.
(1996) 5 SCC 21 : 1996 (3) Suppl. SCR 647 ; Ashok
Gangadhar Mara/ha v. Oriental Insurance Co. Ltd.
(1999) 6 sec 620: 1999 (2) Suppl. SCR 202 :
Oriental Insurance Co. Ltd. v. Zaharulnisha & Ors.
(2008) 12 SCC 385: 2008 (7) SCR 58 : National
Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297:
2004 (1) SCR 180 ; Ne11· India Assurance Co. Ltd. v.
Prabhu Lal (2008) 1 SCC 696: 2007 (12) SCR 724;
New India Assurance Co. Ltd.
v.
Roshanben
Rahemansha Fakir & Anr. (2008) 8 SCC 253: 2008
(8) SCR 328 : National Insurance Co. Ltd. v, Annappa
!rappa Nesariu alias Nesaragi & Ors. (2008) 3 SCC
464: 2008 (1) SCR 1061 ; Oriemal Insurance Co. Ltd.
v. Angad Kol & Ors. (2009) 11 SCC 356: 2009 (2) SCR
695 ; S.Iyyapan v. United India Insurance Co. (2013) 7
SCC 62: 2013 (7) SCR 45; Ku/want Singh & Ors. v.
Oriental Insurance Co.Ltd. (2015) 2 SCC 186;
Nagashetty v. United India Insurance Co. Ltd. & Ors.
(2001) 8 SCC 56: 2001 (1) Suppl. SCR 656- referred
to.
Case Law Reference
1987 (2) SCR 752
referred to
Para 22
1996 (3) Suppl. SCR 647
referred to
Para 23
1999 (2) Suppl. SCR 202
referred to
Para 24
2()08 (7) SCR 58
referred to
Para 25
2004 (1) SCR 180
referred to
Para 25
2007 (12) SCR 724
referred to
Para 26
2008 (8) SCR 328
referred to
Para 27
2008 (1) SCR 1061
referred to
Para 28
2009 (2) SCR 695
referred to
Para 30
2013 (7) SCR 45
referred to
Para 32
(2015) 2 sec 186
referred to
Para 33
2001 (1) Suppl. SCR 656
referred to
Para 34
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1077
ETC.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5826
A
of2011.
From the Judgment and Order dated 24.02.2011 of the High Court
ofChhattisgarh at Bilaspur in M.A. No. 940 of2006
WITH
SLP(C) Nos. 32828, 32833, 32835, 32827 of2010. C.A. Nos. 40684069, 8992 of2012, SLP(C) No. 16082of2012, SLP(C) Nos. 887-890,
28455-28456of2013, C.A. No. 6379of2013, SLP(C) Nos. 8709-8710,
8712-8713, 14333-14334, 8704-8706, 13008, 15759-15760, 36364-36365
of 2014, C.A. No. 9990 of 2014, SLP(C) Nos. 20072, 3300, 3302 of
2015, SLP(C) Nos. 6429, 15924of2015.
Ms. Kiran Suri, Sr. Adv., Rajeev Kumar Bansal, Raj Singh Rana,
Akshay K. Ghai, R. K. Kapoor, Ms. Rekha Giri, Ms. Sai Jyotsna, Anis
Ahmed Khan, Praveen Sehrawat Priyadarshi Bane1:jee, Piyush Sharma,
Vikram Saini, A. K. Mishra, P. K. Jain, Saurabh Jain, S. P. Singh Rathore,
P. K. Goswami, Sudhakar Dwivedi, Uday Prakash Yadav, Raghavendra
Shukla, Apoorv Kurup, Aditya Chanakya Boxipatra, Rohit Rathi,
Ardhendumauli Kumar Prasad, Ms. Kirti Mishra, S. J. Amith, Gautam
Kumar, Dr. (Mrs.) Vipin Gupta, Jay Kishore Singh, Gautam Godara,
Anand V. Selvam, Ravindra K. Adsure, H.K. Chaturvedi, Ms. Roopali
Chaturvedi, Ms. Tanuj Bagga Sharma, Dr. Praveen Hans, N. D. B.
Raju, Rohan Ganpathy, N. danpathy, Sameer Shrivastava, Vijeta Ohri,
Akshat Shrivastava, Vishnu Mehra, Ms. Sakshi Mittal, Anil Kumar, Sumit
Attri, Uday B. Dube, V. N. Raghupathy, Balaji Srinivasan, Ms. Meenakshi
Chauhan, Ravi Bakshi. Sudhir Mathur, Yash Pal Dhingra, Dr. Meera
Agarwal, R. C. Mishra,Amarjeet Singh Dheman, Ankolekar Gurudatta,
Purushottam Sharma Tripathi, Mukesh Kumar Singh, R. C. Mishra, Arup
Banerjee, An is Ahmed Khan, V.K. Gupta, T.J.Sharma, Rajinder Mathur,
Apoorv Kurup, A.C. Boxipatra. Ad vs. for the Appellant.
Ms. Priyadarshi Gopal, Ms. Rameeza Hakeem. (For M/s Law
Associates), G. Balaji, Ms. Soayi B. Qureshi, Ravi Prakash, Ms. Udita
Singh, Chandra Prakash. Rahul Kumar, Ms. Meenakshi Midha, C. S.
Ashri. Ms. Taniya Pandey, Ms. Shanta Devi Raman, Garvesh Kabra,
Arbaaz Hussain, Roh it Sinha, Sanjay Kumar Singh, Pradeep Gaur, Amit
Gaur,Ambhoj Kr. Sinha, M. K. Dua, Kishore Rawat,Anish Kumar Gupta,
Ms. Deep Shikla Bharat. Brajesh Kumar, Chandra Shekhar Suman,
Varinder Kumar Sharma, Nawal Kishore Sahu, Dr. Neera Agarwal, R.
B
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1078
A
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SUPREME COURT REPORTS
[2016] 3 S.C.R.
C. Mishra, Amarjeet Singh Dheman, Javed M. Rao, T. N. Saxena, H.
C. Kharbanda, Shahid Ali Rao, Nand Ram, S. L. Gupta, Guru Nath R.
Naik, R. K. Gupta, Ram Ashray, Vikash Chandra, Ravinder Kumar ·
Wadhawan, Varinder Kumar Sharma, Arvind Kumar Ti wary, Jay Prakash
Yadav, R. A. Gupta, C. K. Rai, Ms. Neerja Sachdeva, Ms. Meera Mathur,
Ajay Singh, Varinder Kumar, Nafis A. Siddiqui, Ms. Nidhi, B.
Subrahmanya Prasad, Ms. Rameeya Hakeem, Mis. Law Associates,
Gautam Narayan, Ambhoj Kumar Sinha, Advs. for the Respondents.
The following order of the Court was delivered by
ARUN MISHRA, J. I. The question raised is whether for the
c
drivers having licence to drive light motor vehicles there is a necessity of
obtaining endorsement to drive the transport vehicle when the transport
vehicle is of class of light motor vehicle.
2. We have heard learned counsel for the parties at length. For
consideration of aforesaid question, it is necessary to refer to various
D
provisions and decisions.
·
3. Driving licence has been defined in section 2( I 0) of the Act of
1988. The provision is extracted hereinbelow :
"2(10) "driving licence" means the licence issued by a
coinpetent authority under Chapter Il authorising the
E
person specified therein to drive, otherwise than as a
learner, a motor vehicle or a motor vehicle of any specified
class or description."
F
Gross vehicle weight has been defined in section 2(15) thus:
"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;"
Heavy goods vehicle has been defined in section 2( 16) to mean:
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"2(16) "heavy goods vehicle" means any goods carriage
the gross vehicle weight of which, or a tractor or a roadroller the unladen weight of either of which, exceeds 12,000
kilograms;"
Heavy passenger motor vehicle has been defined in section 2(17)
H
thus:
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1079
ETC. [ARUN MISHRA, J.]
"2(17) "heavy passenger motor vehicle" means any public
A
service vehicle or private service vehicle or educational
institution bus or omnibus the gross vehicle weight of any
of which; or a motor-car the unladen weight of which,
exceeds 12,000 kilograms;"
Light motor vehicle has been defined in section 2(21) of the Act
8
thus:
"2(21) "light motor vehicle" means a transport vehicle or
omnibus the gross vehicle weight of either of which or a
motor-car or tractor or road-roller the unladen weight of
any of which, does not exceed 7,500 kilograms;"
c
Medium goods vehicle has been defined in section 2(23) to mean:
"2(23) "medium goods vehicle" means any goods carriage
other than a light motor vehicle or a heavy goods vehicle;"
Medium passenger motor vehicle is defined under section 2(24)
D
thus:
"2(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
E
vehicle;"
Motor car has been defined in section 2(26) of the Act of 1988
thus:
"2(26) "motor-car" means any motor vehicle other than a
transport vehicle, omnibus .• ro~d-roller, tractor, motor-cycle
F
or invalid carriage;"
"Omnibus" has been defined in section 2(29) thus :
"2(29) "omnibus" means any motor vehicle constructed or
adapted to carry more than six persons excluding the
G
driver;"
"Tractor" has been defined in section 2(44) of the Act thus:
"2(44) "tractor" means a motor vehicle which is not itself
constructed to carry any load (other than equipment used for the
purpose of propulsion); but excludes a road-roller;"
H
1080.
SUPREME COURT REPORTS
[2016) 3 S.C.R.
A
"Transport vehicle has been defined in section 2( 4 7) thus :
"2(47) "transport vehicle" means a public service vehicle,
a goods carriage, an educational institution bus or a private
B
c
D
E
F
G
service vehicle;"
·~
"Unladen weight" has been defined in section 2( 48) thus :
"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;"
4. The provisions under section 2 define heavy goods vehicles,
heavy passenger motor vehicle, medium goods vehicle, medium passenger
motor vehicle and light motor"Vehicle separately. Section 2(21) deals
with class of Light Motor Vehicle which includes a transport vehicle or
omnibus, the gross vehicle weight of either of which does not exceed
7500 kgs. or a motor car or tractor or road roller, the unladen weight of
any of which does not exceed 7500 kgs. The transport vehicle has been
defined in section 2(47), omnibus has been defined in section 2(29).
However, the transport vehicle or omnibus the gross vehicle weight of
which does not exceed 7500 kgs., has been included in section 2(21) of
the Act of 1988. The gross vehicle weight has been defined in section
2(15). In the case of Light Motor Vehicle, the total weight of the transport
vehicle or omnibus, the load certified by the Registering Authority should
not exceed 7500 kgs. and in case of motor car, tractor or road roller, it is
necessary that unladen weight as defined in section 2(48) of.the Act of
1988 should not exceed 7500 kgs.
5. To dilate further upon the issue, it is necessary to take note of
other provisions of the Act. Public service vehicle, goods carriage, an
educational institution bus and private service vehicle are included in
transport vehicles. They are defined in Sections 2(35), 2( 14 ), 2( 11) and
2{33) respectively. The provisions are extracted hereunder:-
"2(35) "public service vehicle" means any motor vehicle
used or adapted to be used for the carriage of passengers
for hire or reward, and includes a maxi-cab, a motor-cab,
H
contract carriage, and stage carriage;"
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1081
ETC. [ARUN MISHRA, J.]
"2(14) "goods carriage" means any motor vehicle
A
constructed or adapted .for use solely for the carriage of
goods, or any motor vehicle not so constructed or adapted
when used for the carriage of goods;"
"2(11) "educational institution bus" means an omnibus,
which is owned by a college, school or other educational
B
institution and used solely for the purpose of transporting
students or staff of the educational institution in connection
with any of its activities;"
"2(33) "private service vehicle" means a motor vehicle
constructed or adapted to carry more than six persons
excluding the driver and ordinarily used by or on behalf of
the owner of such vehicle for the purpose of carrying
persons for, or in connection with, his trade or business
otherwise than for hire or reward but does not include a
motor vehicle used for public purposes;"
6. Section 3 of the Act of 1988 deals with the necessity for driving
licence. Same is extracted below :
"3. Necessity for driving licence.- (1) No person shall drive
a motor vehicle in any public place unless he holds an
effective driving licence issued to him authorising him to
drive the vehicle; and no person shall so drive a transport
vehicle [other than a motor cab or motor cycle hired for his
own use or rented under any scheme made under subsection (2) of section 75) unless his driving licence
specifically entitles him so to do.
(2) The conditions subject to which sub-section (1) shall
not apply to a person receiving instructions in driving a
motor vehicle shall be such @.S lllay be prescribed by the
Central Government."
7. Section 9 deals with grant of driving licence which reads as
under:
"9. Grant of driving licence.- (1) Any person who is not
for the time being disqualified for holding or obtaining a
driving licence may apply to the licensing authority having
jurisdiction in the areac
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1082
SUPREME COURl' REPORTS
(2016] 3 S.C.R.
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(i) in which he ordinarily resides or carries on business, or
(ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated,
B
for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such
form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.
(3) If the applicant passes such test as may be prescribed
C
by the Central Government, he shall be issued the driving
licence:
Provided that no such test shall be necessary where the
applicant produces proof to show that -
(a) (i) the applicant has previously held a driving licence
D
and that the period between the date of expiry of that licence and the date of such application docs not exceed five
years; or
(ii) the applicant holds or has previously held a driving
licence to drive ~uch class of vehicle issued under section
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18; or
(iii) the applicant holds a driving licence to drive such class
of vehicle issued by a competent authority of any country
outside India, subject to the condition that the applicant
complies with the provisions of sub -section (3) of section
F
8,
(b) the applicant is not suffering from any disease or disability which is likely to cause the driving by him to be a
source of danger to the public; and the licensing authority
may, for that purpose, require the applicant to produce a
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medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8.
H
Provided further that where the application is for a
driving licence to drive a motor vehicle (not being a tmnsport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1083
CTC. [ARUN MISHRA, J.l
under this sub-section, if the applicant possesses a driving
A
certificate issued by an automobile association recognised
in this behalf by the State Government.
( 4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any
applicant unless he possesses such minimum educational
8
qualification as may be prescribed hy the Central Government and a driving certificate issued by a school or establishment referred to in section 12.
(5) Where the applicant does not pass the test, be may be
permitted to reappear for the test aftci· a period of seven
C
days:
Provided that where the applicant does not pass the test
even after three appearances, be shall not he qualified to
reappear for such test before the expiry of a period of sixty
days from the elate of last such test.
o
(6) The test of competence to drive shall b<' carried out in
a vehicle of the type to which the application refers:
Provided that a person who passed a test in dri\'ing a
motor cycle with gear shall be deemed also to have passed
a test in driving a motor cycle without gear.
E
(7) When any ap1llication has beru duly made to the appropriate licensing authority and the applicant has ~atisfied such
authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the
applicant is for the time being disqualfried for holding or
F
· obtaining a driving licence:
Provided that a licensing authority may issue a driving
licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good
G
and sufficient reason for the applicant's inability to apply to
the appropriate licensing authority:
Provided further that the licensing authority shall not
issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there
H
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1084
SUPREME COURT REPORTS
[2016] 3 S.C.R.
A
is good and sufficient reason for his inability to obtain a
duplicate copy of his former licence.
B
(8) If the licensing authority is satisfied, after giving the
applicant an opportunity of being heard, that he--
(a) is a habitual criminal or a habitual drunkard; or
(b) is a habitual addict to any narcotic drug or psychotropic
substance within the meaning of the Narcotic Drugs and
Psychotropic Substances Act, 1985; (61 of 1985); or
(c) is a person whose licence to drive any motor vehicle
C
has, at any time earlier, been revoked,
it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and
any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the
D
receipt of the order, appeal to the prescribed authority.
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H
(9) Any driving licence for driving a motor cycle in force
immediately before the commencement of this Act shall,
after such commencement, be deemed to be effective for
driving a motor cycle with or without gear."
8. The application has to be made in such form as may be
prescribed. Section 10 deals with the form and contents of the licence to
drive. Section I 0 before its amendment made in 1994 by Act 54of1994
provided as under :
"10. Form and contents of licences to driver.- (1) Every
learner's licence and driving licence, except a driving
licence issued under section 18, shall be in such form and
shall contain such information as may be prescribed by the
Central Government.
(2) A learnel"'s licence o"i';:,as the case may be, driving li~ence
shall also be expressed as entit~ing the holder to drive a
motor vehicle of one or more of the following classes,
namely:-
(a) motor cycle without gear;
(b) motor cycle with gear;
(c) invalid carriage;
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
1085
ETC. [ARUN MISHRA, J.]
( d) light motor vehicle;
{e) medium goods vehicle;
(t) medium passenger motor vehicle;
(g) heavy goods vehicle;
(h) heavy passenger motor vehicle;"
(i) road-roller;
(j) motor vehicle of a specified description. "
9. Jt is clear from the provisions of section I 0{2)that the classes
of vehicles have been separately provided. Light motor vehicle has been
provided in section 10(2)(d). Transport vehicle had been inserted in 1994
in place of sections 10(2)(e) to 10(2.)(h), in place of medium goods
vehicle as provided in section 10(2)(e), medium passenger motor vehicle
provided in section I 0(2)(t), heavy goods vehicle in section I 0(2)(g) and
heavy passenger motor vehicle in section I 0(2)(h). Thus it is apparent
that transport vehicles were included under the Act of 1988 under the
category of "light motor vehicle", "heavy motor vehicle" etc. as per
gross vehicle weight or unladen weight, as the case may be, is apparent
from a bare reading of the aforesaid classification given in section I 0(2)
oftheAct read with definition oflight motor vehicle as defined in section
2(21) of the Act.
The provisions contained in section 10 of the Act had been amended ,.
vi de Amendment Act 54of1994. The Statement of Objects and Reasons
of the Amendment Act 54 of 1994 reads :
"Amendment Act 54 of 1994 - Statement of Objects and
Reasons. - The Motor Vehicles Act, 1988 (59 of 1988)
consolidated and rationalised various laws regulating road
transport. The Act came into force with effect from 1st July,
1989 replacing the Motor Vehicles Act, 1939.
2. After the coming into force of the Motor Vehicles
Act, 1988, Government received a
number of
representations and suggestions from the state govt.
transport operators and members of public regarding the
inconvenience faced by them because of the operation of
some of the provisions of the 1988 Act. A Review
Committee was, therefore, constituted by the Government
in March, 1990 to examine and review the 1988 Act.
3. The recommendations of the Review Committee were
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forwarded to the State Governments for comments and they
generally agree with these
recommendations. The
Government also considered a large num her of
representations received, after finalisation of the Report
of the Review Committee, from the transport operators and
public for making amendments in the Act. The draft of the
proposals based on the recommendation of the Review
Committee and representations from the public were placed
before the Transport Development Council for seeking
their views in the matter. The important suggestions made
by the Transport Development Council relate to, or are on
account of, -
(a) The introduction of newer type of vehicles and fast
increasing number of both commercial and personal
vehicles in the country.
(b) Providing adequate compensation to victims ofroad
accidents without going into longdrawn procedure;
(c) Protecting consumers' interest in Transport
Sector;
(d) Concern for road safety standards, transport of
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hazardous chemicals and pollution control;
(e) Delegation of greater powers to State Transport
Authorities and rationalising the role of public authorities
in certain matters;
(f) The simplification of procedures and policy
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liberalisation in the field of Road Transport;
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(g) Enhancing penalties for traffic offenders.
4. Therefore, the proposed legislation has been prepared
in the light of the above background. The· Bill inter alia
provides for -
(a) modification and amplification of certain definitio11s
of new type of vehicles ;
(b) simplification of procedure for grant of driving
licences;
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(c) putting restrictions on the alteration of vehicles;
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
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(d) certain exemptions for vehicles running on nonA
polluting fuels;
(e) ceilings or'. h.dividuals or company holdings
removed to curb "b, .1a ii" 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 I sale by the traders;
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(h) increase in the amount of compensation of the c
victims of hit and run cases;
(i) removal of time limit for filling of application by
road accident victims for compensation;
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(j) punishmentdmcase of certain offences is made
stringent;
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(k) a new pre-detcrniined 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 necessary provision to give
effect to the said recommendation."
Section I 0 has been amended vide Act 54/1994 to the following
effect:
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"10. Form and contents of licenc.es tO drive.-(1) Every · · G
learner's licence and driving licence, except a driving
licence issued under section 18, shall be in such form and
shall contain such information as may be prescribed by the
Central Government.
(2) A learner's licence or, as the· case may be., driving
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licence shall also be expressed as entitling the holder to
drive a motor vehicle of one or more of the following
classes, namely:-
(a) motor cycle withol_lt gear;
(b) motor cycle with gear;
(c) invalid carriage;
( d) light motor vehicle;
(e) transport vehicle;
(i) road-roller;
(j)
motor vehicle of a specified description."·
10. Fonn 4 which was in vogue till 28.3.2001 as prescribed under
Rule 14 .of the Central Motor Vehicles Rules, 1989 (hereinafter referred
to as 'the Rules of 1989'), is extracted hereunder:
"FORM 4
[See Rule 14]
Form of Application for Licence to drive a Motor Vehicle
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, To,
[passport size
Photograph I
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THE LICENSING AUTHORITY,
I apply for a licence to enable me to drive vehicles of the
following description:-
(a) Motor cycle without gear
(b) Motor cycle with gear
(c) Invalid Carriage
(d) Light Motor Vehicle
(e) Medium Goods Vehicle
(t) Medium }>assenger Motor Vehicle
(g) Heavy Goods Vehicle
(h) Heavy Passenger Motor Vehicle
(i) Road roller
G) Motor Vehicle of the following description.
Particulars to be furnished by the Applicant
1. Name
2. Son/wife/daughter of .................•...................
3.Permanent address .................•..•.....••.•.....•
(Proof to be enclosed)
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
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ETC. [ARUN MISHRA, J.]
4.Temporary address/ Official address (if any) .•..•..•.•...
5. Date of birth ....•..............••••••.•...........•.••.
(Proof to be en~lo~!!d)
6. Educational qualific:ati .m
•••••••••••••••••••••••••••••
7. Identification mark ( 1 ) ........•...........•...•..
(2) ..........•..•.............
8. Optional/Blood Group -
RH factor •.•.•..............•.
9. Have you previously held driving licence? ..............•
If so, give details.
IO.Particulars and date of every conviction
which has been ordered to be endorsed
on any licence held by the applicant ...•.•.•.•.•.••••.•••
11.Have you been disqualified for obtaining
a licence to drive? If so, for what reason? .......••••...
12.Have you been subjected to a driving test as to your
fitness or ability to driv~ a vehicle in respect of which a
licence to drive is applied for? If so, give the following
details :-
Date of test
(1)
Testing Authority
Result of test
(2)
(3)
13. I enclose three copies of my recent [passport size
photographs](where laminated card is used, no photographs are required)
.........•.......•.•....
14. I enclose Learner's licence No .•.•.•..•...... dated
•••.•...•.•..... issued by Licensing Authority.
15. I enclose the Driv:ing Certificate No ...••.••..•.•.••
........•.•......... dated ...•........ issued
by ......•.......•••
16. I have submitted along with my application for learner's
licence the written consent of parent I guardian.
17. I have submitted along with the application for learner's
licence.II enclose the medical fitness certificate.
18. I am exempted from the medical test under rule 6 of
the Central Motor Vehicles Rules , 1989.
19. I am exempted from preliminary test under rule 11 (2)
of the Central Motor Vehicles Rules 1989.
20. I have p~id the fee of Rs.
I hereby declare that to the best of my knowledge and
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belief the particulars given above are true.
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Note : Strike out whichever is inapplicable.
Date : ................ .
Signature/Thumb impression
of applicant.
Certificate of test of competence to drive
The applicant has passed the test prescribed under
rule 15 of the Central Motor Vehicles Rules, 1989. The
test was conducted 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 and designation
Two specimen signatures of applicant:
Strike out whichever is inapplicable."
11. It is apparent from the Form prescribed under Rule 14 till
28.3.200 I, the aforesaid classification of vehicles remained the same As
provided in Section l 0(2) of the Act of 1988 for the first time transport
vehicle was inserted w.e.f. 28.3.2001 by deleting the existing classes,
medium passenger and goods vehicle, heavy goods vehicle and heavy
passenger motor vehicles to bring in tune with Section 10(2)(e) to (h).
r'orm 4 has undergone other changes with respect to item 'a' motorcycle
without gear which was substituted vide GSR 684(E) on 5.1O.t999 w.e.f.
22.10.1999 and again substituted by GSR 76(E) dated 31.1.2000 w.e.f.
31.1.2000. With aforesaid changes brought about by notifications in
1989 and 2000 in Section I 0(2)(a) we are not concerned here. Amended
Form ·4' is extracted hereunder:
"FORM 4
[See Rule 14(1))
Form of Application for Licence to Drive a Motor Vehicle
To
The Licensing Authority
Space for
Passport size
photograph
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
ETC. [ARUN MISHRA, J.]
I apply for a licence to enable me to drive vehicles of the
following description:-
(a) Motor cycle without gear
(b) Motor cycle with gear
( c) Invalid carriage
(d) Light Motor vehicle
(e) Transport vehicle
(t) Medium passenger motor vehicle
(*****]
.
(i) Road roller
G) Motor vehicles of the following description:
Particulars to be furnished. by Applicant
I.Full Name ....................... .
2.Son/Wife/Daughter of'.········· ............................. ..
3.Permanent address ......................................... .
(Proof to be enclosed) .......................................... .
4.Temporary address/ Official address (if any) ................ ..
5.Date of birth ............................... .
(proof to be enclosed) ................................................ .
6. Educational qualification ................................. ..
7. Identification mark(s)
!.. ......................... .
8. Optional
Blood Group
RH FACTOR
2 ......... ~ .................. .
9. Have you previously held driving ................... ..
Licence? If so, give details.
10. Particulars and date of every ....... ; ................... ..
conviction which has been ordered to be
endorsed on any licence held by applicant
11. Have you been disqualified for .......................... .
obtaining a Licence to drive? If so,
for what reason?
12. Have yon been subjected to a driving
test as to your fitness or ability
to drive a vehicle in respect of which
a licence to drive is applied for ?
If so, give the following details .............................. .
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Date of test
1.
2.
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[2016] 3 S.C.R.
Result of test
13. I enclose 3 copies of my recent (passport size
photograph) (where laminated card is used no photographs
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are required).
14. I enclose the learne1"s Licence No •..•........•••••• dated
•.•........• issued by Licensing Authority.
15. I enclose the Driving Certificate No ..••••••...•.. Dated
.....••...•.•... issued by ..•.....••..............
16. I have submitted along with my application for Learner's
C
Licence the written consent of parent/guardian.
17. I have submitted along with the application for learner's
licence/I enclose the medical fitness certificate.
18. I am exempted from the medical test under rule 6 of
the Central Motor Vehicles Rules, 1989.
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19. I am exempted from preliminary test under rule 11(2)
of the Central Motor Vehicles Rules. 1989.
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20. I have paid the fee of Rs .....•••..•...
I hereby declare that to the best of my knowledge and
belief the particulars given above are true.
* Strike out whichever is inapplicable.
Date ..............•....
Signature/Thumb
impression of Applicant
Certificate of test of competence to drive
The applicant has passed the test prescribed under rule 15
of the Central Motor Vehicles Rules 1989. The test
conducted on (here enter the registration mark and
description of the vehicle) ••.•.•....••.•••..•.•..•.••......•.•• on (date)
The applicant has failed in the test.
(The details of the deficiency to be listed out)
Date ......•...........
Signature of Testing Authority
Full name & designation
Two specimen signatures of Applicant:
1.
2.
H
Strike out whichever is inapplicable."
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
ETC. [ARUN MISHRA, J.]
12. Thus, as per Amendment of Section l 0 vide Act 54 of 1994,
there is deletion of categories of medium goods vehicle, medium passenger
motor vehicle, heavy goods vehicle and heavy passenger motor vehicle
and these have been substituted by the classification "transport vehicle".
It is pertinent to note here that the definition and classification of light
motor vehicle in the Act remains intact as it existed. It is also apparent
from the Statement of Objects and Reasons of the Amendment Act
No.54of1994 that the transport operators and members of public faced
inconvenience because of operation of some of the provisions of the Act
of 1988. It was intended for simplification of procedures and policy
liberalization and it became necessary due to introduction ofnewer type
of vehicles and faced increasing numbers of both personal and
commercial vehicles in the country. Hence, it was intended to modify
and amplify certain definitions ofnew types of vehicles for simplification
of procedure for grant of driving licences as provided in para 4(a) and
(b) of the Statement of Objects and Reasons. The question is whether
intendment appears not to touch the classification oflight motor vehicle
which has to be understood in the light of the definition in section 2(21)
of the Act of 1988 and it was never inte11ded that the transport vehicles
oflight motor vehicle category should be taken out of the purview of the
existing classification of light motor vehicles and the trf!nsport vehicles
as inserted in section I 0 has to be understood in the l~ght of the
amendment brought about vide deletion of the provisions of medium
goods vehicle, medium passenger motor vehicle, heavy goods vehicle
and heavy passenger motor vehicle. Thus, no change had been brought
about with respect to the transport vehicles of class oflight motor vehicle
as defined in section 2(21) of the Act of 1988.
13. To consider further on the issue, certain ru Jes and forms are
also required to be referred to. Rule 8 provides for minimum educational
qualification for driving transport vehicles which is 8th standard. However
proviso makes it clear that the qualification of 8th standard shall not
apply in the case ofre1iewal of driving licence to drive a transport vehicle
and/or addition of another class.of transport vehicle to the driving licence
already held before the commencement of the Motor Vehicles Act, 2007.
Rule 8 of the Rules of 1989 inserted on I 0.4.2007 is quoted below:
"8. Minimum educational qualification for driving transport
vehicles.-
The minimum educational qualification in
respect of an applicant for obtaining a licence to drive a
transport vehicle shall be a pass in the eighth standard:
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Provided that the minimum educational qualification
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specified in this rule shall not apply in the case of -
(i) renewal of a driving licence to drive a transport vehicle
: or
(ii) addition of another class of transport vehicle to the
driving licence, already held before the commencement
of the Motor Vehicles (Amendment) Rules, 2007."
14. Earlier Rule 8 was omitted by GSR No.933(E) dated
28.10.1989 w.e.f. 28.10.1989. The Rule has been inserted in the year
2007 and it is provided that Eighth standard qualification will not apply in
the case of addition of another class of transpo1i vehicle to the driving
licence. Thus, it is clear that Rule 8 contemplates addition of transport
vehicle of other category than the existing one in the licence. Question
arises whether that refers to the addition to light motor vehicle's category,
and gross vehicle weight or the unladen weight of vehicle in section
2(21) does not exceed 7500 kgs. would remain a light motor vehicle.
Section iO of the Act contains the provisions as to class of vehicles of
the transport vehicle and light motor vehicle separately. The question
arises whether the transport vehicle insertion in Section 10(2)( e) is
confined to the category of substitution made by deleting existing sections
10(2)(e), (f), (g) and (h) which were for medium goods vehicle, medium
passenger motor vehicle, heavy goods vehicle and heavy passenger motor
vehicle. and in case "transport vehicle" even of the weight of.light motor
vehicle is treated in one category under section 10(2)(e) in that case
whether any purpose would be left behind insertion of Rule 8 again in
the year 2007.
15. Ru le 16 provides for the .Form of driving I icence. Same shall
be issued or renewed by licensing authority in Fo1m 6. Rule 16 and Form
6 are quoted below :
"16. Form of driving licence.-(1) Every driving licence
issued or renewed by a licensing authority shall be in Form
6.
(2) Where the licensing authority has the necessary
apparatus, [for the issue of a laminated card type or Smart
Card type driving licence, such card type or Smart Card
type driving licence, as may be specified in the Notification
issued by the concerned State Government or Union
Territory Administration] shall be in Form 7.
MUKUND DEWANGAN v. ORIENTAL INSURANCE CO. LTD.
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(3) On and from the date of commencement of this sub~
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rule, every driving licence issued or renewed by the
licensing authority~h.all be in Form 7.
(4) Every lnternatinnal Dri•;ing Permit issued by a licehsing
authority shall be h1 Form 6-A and shall be valid for a period
of not more than one year from tlie date of iss-ue, as the
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case may be, or till the validity of the driving licence,
whichever is earlier.
(5) The automobile associations authorised by the State
Government/ Union Territory Administration shall be
allowed to issue International Driving Permit to their own
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members as also others subject to counter-signature by
competent authority."
"FORM 6
[See Rule 16(1)J
(To be printed in book form of the size six centimete..S by
eight centimeters)
FORM OF DRIVING LICENCE
Name of the Licence holder .................•......••....•.
Son/wife/daughter of ............••..........•.•..•.•
[Passport size
photograph]
Name to be written across the photograph ............... .-•.•
Specimen signature/
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(Part of the seal and signature
of the Licencing Authority
to be on the photo~raph
Thumb impression of " F .
the hold-er of the
and part on the driving licence)
· 1. Driving Licence Number
2. Date'of issue
3.Name
4, Son /Wife/ Daughter of
5.