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Supreme Court of India 2017-07-03 remanded

Mukund Dewangan vs Oriental Insurance Company Limited

Bench: 3 — Arun Mishra

In Brief

This landmark Supreme Court judgment addressed conflicting decisions on whether a driver holding a licence for a 'light motor vehicle' needs a separate endorsement to drive transport vehicles of the same light motor vehicle category (i.e., with gross or unladen weight not exceeding 7500 kg.). The Court held that no separate endorsement is required. The definition of 'light motor vehicle' under the Motor Vehicles Act inherently includes transport vehicles within the prescribed weight limit. The 1994 amendment introduced 'transport vehicle' as a unified category for heavier vehicles but did not exclude light motor vehicle transports from their established class. Licence holders are authorized by class, not by specific vehicle type. The Court reconciled conflicting precedents, overruled decisions imposing endorsement requirements, and remitted matters to the appropriate Bench for hearing on merit.",

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