Rajasthan High Court - Jodhpur
Icici Lombard Gen. Insu. Co. Ltd., And ... vs Harikishan Arora (2024:Rj-Jd:10508) on 1 March, 2024
Author: Nupur Bhati
Bench: Nupur Bhati
[2024:RJ-JD:10508]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10720/2016
1. ICICI Lombard General Insurance Co. Ltd., 15, National
Highway, Shriganganagar.
2. ICICI Lombard General Insurance Co. Ltd., ICICI Bank
Towers, Bandra-kurla complex, Mumbai-4000051.
Both petitioners through Authorized signatory at Bhagwati
Bhawan, Above PL Motors, Near Govt. Hostel Crossing, MI
Road, Jaipur.
----Petitioner
Versus
Harikishan Arora S/o Sh. Bhagwan Das, R/o 75, Patel Nagar,
Purani Asbadi, Shriganganagar.
----Respondent
For Petitioner(s) : Mr. Santosh Choudhary
For Respondent(s) : Mr. I.R. Choudhary
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/03/2024
Learned counsel for the respondent submits that the
controversy involved in this petition is squarely covered by the
judgment passed by the Hon'ble Apex Court in the case of
Mukund Dewangan Vs. Oriental Insurance Company
Limited reported in 2017 AIR(SC) 3668, decided on
03.07.2017. The Relevant portion of the said judgment is
reproduced hereunder:-
"xxxx 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
[2024:RJ-JD:10508] (2 of 3) [CW-10720/2016]
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 7500kg. 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
54/1994 and 28.3.2001 in the form.
(iii) The effect of the amendment made by virtue of
Act No.54/1994 w.e.f. 14.11.1994 while substituting
clauses (e) to (h) of section 10(2) which contained
"medium goods vehicle" in section 10(2)(e), medium
passenger motor vehicle in section 10(2)(f), heavy
goods vehicle in section 10(2)(g) and"heavy
passenger motor vehicle" in section 10(2)(h) with
expression 'transport vehicle' as substituted in
section 10(2)(e) related only to the aforesaid
substituted classes only. It does not exclude
transport vehicle, from the purview of section 10(2)
(d) and section 2(41) of the Act i.e. light motor
vehicle.
(iv) The effect of amendment of Form 4 by insertion
of "transport vehicle" is related only to the
categories which were substituted in the year 1994
and the procedure to obtain driving licence for
transport vehicle of class of "light motor vehicle"
continues to be the same as it was and has not been
changed and there is no requirement to obtain
separate endorsement to drive transport vehicle,
and if a driver is holding licence to drive light motor
vehicle, he can drive transport vehicle of such class
without any endorsement to that effect.
xxxxx."
Learned counsel for the petitioner is not in a position to
refute the same.
[2024:RJ-JD:10508] (3 of 3) [CW-10720/2016]
Thus, in view of the submissions made and applying ratio of
the judgment in the case of Mukund Dewangan Vs. Oriental
Insurance Company Limited (supra), the instant writ petition
is also dismissed in same terms.
Stay application as well as all other pending applications, if
any, also stand dismissed.
(DR. NUPUR BHATI),J
186-/Devesh/-
Powered by TCPDF (www.tcpdf.org)
