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Supreme Court of India 2016-02-11 remanded

Mukund Dewangan vs Oriental Insurance Co. Ltd. Etc

Bench: 2 — Arun Mishra

In Brief

This case examines whether drivers with licences to drive light motor vehicles must obtain endorsement to drive transport vehicles in the same weight category. The judgment identifies a persistent conflict in Supreme Court precedents on this issue: some cases (Ashok Gangadhar, S. Iyyapan, Kulwant Singh, Nagashetty) hold that LMV licence holders can drive light transport vehicles without endorsement; others (Prabhu Lal, Roshanben, Angad Kol) require endorsement. Rather than resolving this by pronouncement, the Court refers four specific interpretative questions to a larger Bench to clarify the scope of 'light motor vehicle', the effect of the 1994 Amendment, and Form changes in 2001. The Court emphasizes that insurance legislation must protect accident victims and that mere attachment of a trailer should not invalidate an existing driving licence for the same vehicle category.

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Motor Vehicles Act Insurance Law Driving Licence Transport Vehicles Third-Party Claims Statutory Interpretation

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