TaxTMI 
TaxTMI 
2017 (7) TMI 1461
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.... Mrs. Rani Chhabra, AOR, Ms. Priyanka, Adv., Dr. (Mrs. ) Vipin Gupta, AOR, Mr. P. K. Jain, AOR, Mr. Jay Kishor Singh, AOR, Mr. Raj Singh Rana, AOR, Mr. Uday B. Dube, AOR, Mr. Ardhendumauli Kumar Prasad, AOR, Mr. Akshat Shrivastava, AOR, Mr. Arup Banerjee, AOR, Mr. Rajinder Mathur, AOR, Mr. Tanuj Bagga, Adv., Mr. Sumit Attri, AOR, Mr. Manjunath Meled, Adv., Ms. Vijayalaxmi, V. Adv., Mr. Anil Kumar, AOR. For the Respondent : Ms. Archana Pathak Dave, AOR, Ms. Meenakshi Midha, Adv., Mr. Chander Shekhar Ashri, AOR, for M/s. Law Associates, AOR, Mr. Sanjay Kumar Singh, AOR, Mr. G. Balaji, AOR, Mr. C. K. Rai, AOR, Mr. Varinder Kumar Sharma, AOR, Ms. Meera Mathur, AOR, Dr. Meera Agarwal, AOR, Mr. Anis Ahmed Khan, AOR, Mr. Viresh B. Saharya, AOR, Mr. M. K. Dua, AOR, Mr. Javed Mahmud Rao, AOR, Mr. Nand Ram, Adv., Mr. Manish P. Singh, Adv., Mr. Ajay Singh, Adv., Dr. Nafis A. Siddiqui, AOR, Ms. Nidhi, AOR, Mr. Garvesh Kabra, AOR, Mr. Anish Kumar Gupta, AOR, Mr. R.K. Rajwanshi, Adv., Mr. Chandra Shekhar Suman, Adv., Ms. Deep Shikha Bharti, Adv., Ms. Sakshi Mittal, AOR, Ms. Neerja Sachdeva, Adv., Ms. Meera Mathur, Adv. JUDGMENT ARUN MISHRA, J. 1. In the reference, the main question i....
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....and also motor car or tractor or a road roller, "unladen weight" of which does not exceed 7500 kg. and holder of a licence to drive the class of "light motor vehicle" as provided in Section 10(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 weight" of which does not exceed 7500 kgs.? 3. What is the effect of the amendment made by virtue of Act No. 54 of 1994 w.e.f. 14.11.1994 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"? Whether insertion of expression 'transport vehicle' Under Section 10(2)(e) is related to said substituted classes only or it also excluded transport vehicle of light motor vehicle class from the purview of Sections 10(2)(d) and 2(41) of the Act? 4. What is the effect of Amendment of Form 4 as to the operation of the provisions contained in Section 10 as amended in the year 1994 and whether the procedure to obtain the driving licence for transpor....
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....nces to drive. Section 10 as it stood before its amendment made in the year 1994 by virtue of Amendment Act 54 of 1994 is extracted hereunder: 10. Form and contents of licences to drive. -- (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 learner's licence or, as the case may be, driving licence shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely: (a) motorcycle without gear; (b) motorcycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) medium goods vehicle; (f) medium passenger motor vehicle; (g) heavy goods vehicle; (h) heavy passenger motor vehicle; (i) roadroller; (j) motor vehicle of a specified description. It is apparent from the pre-amended provision which existed before the amendment made in the year 1994 that class or description of the vehicle for which licence used to be issued were categorized inter alia as ligh....
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.... (f) The simplification of procedures and policy liberalisation in the field of Road Transport; (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 definitions of new type of vehicles; (b) simplification of procedure for grant of driving licences; (c) putting restrictions on the alteration of vehicles; (d) certain exemptions for vehicles running on non-polluting fuels; (e) ceilings on individuals or Co. holdings removed to curb "benami" 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/sale by the traders; (h) increase in the amount of compensation of the victims of hit and run cases; (i) removal of time limit for filling of application by road accident victims for compensation; (j) punishment in case of certain offences is made stringe....
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.... 2. Definitions. (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) "heavy passenger motor vehicle" means any public 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; (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 [7500] kilograms; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (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 vehicle; 9. The definition of 'gross vehicle weight' and 'unladen weight' are also significant as the expression finds a place in the a....
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...." means any motor vehicle constructed or adapted to carry more than six persons excluding the driver; 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; 12. Section 9 of the Act deals with grant of driving licence. Any person can apply for driving licence unless he is disqualified for holding or obtaining a driving licence. The application has to be filed in such form as may be prescribed by the Central Government as provided in Section 9(2). The applicant has to pass a test also, as provided in Section 9(3). It is further provided in Section 9(4) that a person applying for the licence to drive a transport vehicle shall possess such minimum educational qualification as may be prescribed by the Central Government. Licensing authority may refuse to issue a licence to a habitual criminal or a habitual drunkard or who is habitually addicted to any narcotic drug or psychotropic substance or whose licence had been revoked earlier. 13. Prior to amendment in 1994 licence for transport vehicle was clearly covered as per Section 10(2) in five categories,....
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....ady defined category of transport vehicles of the class of light motor vehicle. A distinction is made in the Act of heavy goods vehicle, heavy passenger motor vehicle, medium goods vehicle and medium passenger motor vehicle on the basis of 'gross vehicle weight' or 'unladen weight' for heavy passenger motor vehicle, heavy goods vehicle, the weight, as the case may be, exceed 12000 kg. Medium goods vehicle shall mean any goods carriage other than a light motor vehicle or a heavy goods vehicle; whereas 'medium passenger motor vehicle' means any public service vehicle or private service vehicle or educational institution bus other than a motorcycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle. Thus, the newly incorporated expression 'transport vehicle' in Section 10(2)(e) would include only the vehicles of the category as defined in Section 2(16) - heavy goods vehicle, Section 2(17) - heavy passenger motor vehicle, Section 2(23) - medium goods vehicle and Section 2(24) medium passenger motor vehicle, and would not include the light motor vehicle' which means transport vehicle also of the weight specified in Section 2(21....
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....licant: Strike out whichever is inapplicable." 16. The aforesaid form was in vogue till 28.3.2001. In spite of the amendment made in the year 1994, deleting section 10(2)(e) to (h), the form in which application was required to be made was not changed and came to be changed only in the year 2001 so as to carry out the effect of the Amendment. The relevant extract of the amended Form, as amended on 28.3.2001, by which expression 'transport vehicle' had been inserted, is extracted hereunder: "FORM 4 [See Rule 14(1)] Form of application for licence to drive a motor vehicle To, The Licensing Authority, ......................................... Passport size photographs I apply for a licence to enable me to drive vehicles of the following description- (a) Motorcycle without gear (b) Motorcycle with gear (c) Invalid carriage (d) Light motor vehicle (e) Transport vehicle (f) Medium passenger motor vehicle * &nb....
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....bjects & Reasons and the provisions of the Act inserted by virtue of the Amendment. Though it appears that in the amended Form, 'medium passenger motor vehicle' remains, that appears to be more due to oversight. Thus, as intended, the simplification of the procedures and policy liberalization has taken place by introducing in the form category of 'transport vehicle' instead of medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle and heavy passenger motor vehicle. The policy of liberalization became necessary with an introduction of newer types of vehicles and fast increasing numbers of both personal and commercial vehicles in the country. In case it was intended to take transport vehicle out of the category of the light motor vehicle then it was necessary to amend Section 2(21) and Section 10(2)(d) also which has not been done. Thus, the intendment of the Amendment has to be taken by addition of 'transport vehicle' of aforesaid categories of medium and heavy vehicles only so that a person is required to apply for licence, only once to drive aforesaid four kinds of vehicles as per the amended provision of Section 10(2)(e) and the Form. ....
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....sp; Name of the licence holder Son/Wife/Daughter of (Part of the seal and signature of the Licensing Authority to be on the photograph and part on the driving licence) ........................... Specimen signature/ thumb impression of the holder of the licence Signature and designation of the Licensing Authority Driving licence number .......................... Date of issue .......................... Name .......................... Son/Wife/Daughter of .......................... Temporary address/official address (if any) .......................... Permanent address .......................... Date of birth .......................... Educational qualifications .......................... Optional Blood group .......................... Rh factor .......................... The holder of this licence is licensed to drive throughout India vehicles of the following description- Motorcycle without gear Motorcycle with gear Invalid carriage Light motor....
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....nd 'transport vehicle' separately. Though the form contains separate validity period for a motor vehicle other than transport vehicles, the aforesaid form and period of validity have to be understood in the light of the aforesaid discussion made by us of the light motor vehicle and transport vehicle. The form cannot govern the interpretation of the provision of Sections 10(2)(d) and 10(2)(e) otherwise also form has to be interpreted harmoniously with the Act and cannot be in conflict with the statutory provisions. The provision of the Light motor vehicle has to be given full effect and it is enjoined upon the authorities to issue the licence in terms of the discussion made by us in the order and validity period has to be construed accordingly. The validity period of transport vehicle of light motor vehicle licence which means the vehicle as defined in Section 2(21), has to be the same as that of other light motor vehicle of non-transport category and there cannot be any distinction made with respect to the validity period of the class of light motor vehicle. The separate prescription for the validity of transport vehicle in Form 6 is only to take care of the provisions inse....
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....bsp; Signature or thumb impression of the applicant Certificate of test of competence to drive The applicant has passed/failed in the test specified in Rule 15 of the Central Motor Vehicles Rules, 1989. The test was conducted on a ........ (here Enter description of vehicle) on date ............... Signature of testing authority Name and designation" It is apparent that an application has to be made for the addition of another class of vehicle. Light motor vehicle and transport vehicle are separately defined. Thus, it is clear that in the aforesaid Forms 4, 6 and 8, transport vehicle has to be understood for the categories of vehicles for which provision has been amended by Section 10(2)(e). 21. The trade certificate has been dealt with in Rule....
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.... relations for drivers. H-Heavy vehicle driving practice. I-Fire hazards. J-Vehicle maintenance. K-First-aid. It is apparent from the aforesaid syllabus that no separate syllabus has been provided for transport vehicles. Transport vehicles have been included in the syllabus as per the class of vehicles, that is to say, syllabus of the light motor vehicle would include the syllabus of transport vehicles of that class. The syllabus has been formulated as per the weight of the vehicles. 23. The State Government has to maintain a register of motor vehicles Under Rule 75 as provided in Form 41 which includes gross vehicle weight, unladen weight etc. The Central Government has the power to frame Rules Under Section 27, inter alia, regarding minimum qualification, forms, and contents of the licences etc. Thus, we are of the considered opinion that the definition of light motor vehicle' Under Section 2(21) of the Act includes transport vehicle of the class and weight defined therein. The transport vehicle or omnibus would be light motor vehicle, gross vehicle weight of which, and also a motor car or tractor or road roller, unladen weight of, wh....
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....lour. Neither of them can be ignored. Both are important. That interpretation is best which makes the textual interpretation match the contextual. A statute is best interpreted when we know why it was enacted. In Atmaram Mittal v. Ishwar Singh Punia (1998) 4 SCC 284 the Court has referred to "Blackstone Commentaries on the Laws of England", and it has been observed that the fairest and rational method for interpreting a statute is by exploring the intention of the legislature through the most natural and probable signs which are 'either the words, the context, the subject matter, the effects and consequence, and the facts and reasons of law'. The correct interpretation is one that best harmonises the words with the object of the statute. A right construction of the Act can only be attained if the whole object and scope together with circumstances in which it is enacted are taken into consideration. Lord Porter in Bhagwan Baksh Singh (Raja) v. Secretary of State AIR 1940 PC 82 has further referred that the statute has to be read as a whole in its context. So as to arrive at the meaning of a certain provision in a statute, it is not only legitimate but proper to read that pro....
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....VKSSS Maryadit and Ors. v. State of Maharashtra and Ors. (2001) 4 SCC 534 and Nathi Devi v. Radha Devi Gupta (2005) 2 SCC 271. It is also a settled proposition of law that when the language is plain and unambiguous and admits of only one meaning no question of construction of a statute arises for the Act speaks for itself as held in State of Uttar Pradesh v. Vijay Anand Maharaj AIR 1963 SC 946. 28. In Crawford v. Spooner (1846) 6 Moo. PC 1 which has been referred to in Nalinakhya Bysack v. Shyam Sunder Haldar and Ors. AIR 1953 SC 148 it has been held that "the Court cannot aid the Legislature's defective phrasing of an Act or add and amend or, by construction, make up deficiencies which are left in the Act." In British India General Insurance Co. Ltd. v. Captain Itbar Singh and Ors. AIR 1959 SC 1331 while construing Section 96(2) of the Motor Vehicles Act, 1939, this Court refused to add the word 'also' after the words 'on any of the following grounds'. It was observed that the Rule of interpretation does not permit the Court to do unless the section, as it stands, is meaningless or is of doubtful meaning. While interpreting Section 621-A(1) of Companies Act,....
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.... The Court has laid down thus: 12. The defence built on the exclusion Clause cannot succeed for three reasons, viz.: (1) On a true interpretation of the relevant Clause which interpretation is at peace with the conscience of Section 96, the condition excluding driving by a person not duly licensed is not absolute and the promisor is absolved once it is shown that he has done everything in his power to keep, honour and fulfil the promise and he himself is not guilty of a deliberate breach. (2) Even if it is treated as an absolute promise, there is substantial compliance therewith upon an express or implied mandate being given to the licensed driver not to allow the vehicle to be left unattended so that it happens to be driven by an unlicensed driver. (3) The exclusion Clause has to be "read down" in order that it is not at war with the "main purpose" of the provisions enacted for the protection of victims of accidents so that the promisor is exculpated when he does everything in his power to keep the promise. 13. In order to divine the intention of the legislature in the course of interpretation of the relevant provisions there can scarce....
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....ns which may be specified in the contract of policy. In order to make the protection real, the Legislature has also provided that the judgment obtained shall not be defeated by the incorporation of exclusion clauses other than those authorised by Section 96 and by providing that except and save to the extent permitted by Section 96 it will be the obligation of the insurance Co. to satisfy the judgment obtained against the persons insured against third party risk (vide Section 96). In other words, the legislature has insisted and made it incumbent on the user of a motor vehicle to be armed with an insurance policy covering third party risks which is in conformity with the provisions enacted by the legislature. It is so provided in order to ensure that the injured victims of automobile accidents or the dependants of the victims of fatal accidents are really compensated in terms of money and not in terms of promise. Such a benign provision enacted by the legislature having regard to the fact that in the modern age the use of motor vehicles notwithstanding the attendant hazards, has become an inescapable fact of life, has to be interpreted in a meaningful manner which serves rather tha....
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....that the insurer can hide under the umbrella of the exclusion clause. In a way the question is as to whether the promise made by the insured is an absolute promise or whether he is exculpated on the basis of some legal doctrine. The discussion made in para 239 of Breach of Contract by Carter (1984 Edn.) under the head Proof of Breach, gives an inkling of this dimension of the matter. In the present case even if the promise were to be treated as an absolute promise the grounds for exculpation can be found from Section 84 of the Act which reads thus: 84. Stationary vehicles. - No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measure taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver. In view of this provision apart from the implied mandate to the licensed driver not to place an unlicensed person in charge of the vehicle, there is also a statutory obligation on the said perso....
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....se" highlighted earlier. The effort must be to harmonize the two instead of allowing the exclusion Clause to snipe successfully at the main purpose. This theory which needs no support is supported by Carter's "Breach of Contract" vide paragraph 251. To quote: Notwithstanding the general ability of contracting parties to agree to exclusion clauses which operate to define obligations there exists a rule, usually referred to as the "main purpose rule", which may limit the application of wide exclusion clauses defining a promisor's contractual obligations. For example, in Glynn v. Margetson & Co. (1893 AC 351, 357, Lord Halsbury, L.C. stated: It seems to me that in construing this document, which is a contract of carriage between the parties, one must in the first instance look at the whole instrument and not at one part of it only. Looking at the whole instrument, and seeing what one must regard... as its main purpose, one must reject words, indeed whole provisions, if they are inconsistent with what one assumes to be the main purpose of the contract. Although this Rule played a role in the development of the doctrine of fundamental breach, the conti....
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....has laid down thus: 18. A three-Judge Bench of this Court in National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297 has extensively dealt with the meaning, application and interpretation of various provisions, including Sections 3(2), 4(3), 10(2) and 149 of the MV Act. In para 47 of the judgment, the learned Judges have held that if a person has been given a licence for a particular type of vehicle as specified therein, he cannot be said to have no licence for driving another type of vehicle which is of the same category but of different type. As for example, when a person is granted a licence for driving a light motor vehicle he can drive either a car or a jeep and it is not necessary that he must have driving licence both for car and jeep separately.... However as the scooterist was possessing a driving licence to drive heavy motor vehicle, and he was driving a different class of vehicle, it was held to be in violation of Section 10(2) of the Act, as the scooterist had no driving licence to drive a scooter. 33. It is apparent from the aforesaid decisions, that the court has to interpret a provision so as to give it full effect it intends and the motivated phi....
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....y light motor vehicle, and no endorsement was made on the licence enabling him to drive a transport vehicle, it was held to be a breach by the owner and he could not claim any indemnification from the insurer. It was held that the goods carrier would be a transport vehicle. The accident took place on 17.4.1998. The District Forum held that the goods carrier was a transport vehicle whereas the State Commission held that it was a light motor vehicle relying on the gross weight of the vehicle. This Court set aside the order of the Commission and affirmed the finding of the District Forum. In Prabhu Lal (supra), this Court has considered Ashok Gangadhar Maratha (supra) and laid down thus: 38. We find considerable force in the submission of the learned Counsel for the Insurance Company. We also find that the District Forum considered the question in its proper perspective and held that the vehicle driven by Ram Narain was covered by the category of transport vehicle under Clause (47) of Section 2 of the Act. Section 3, therefore, required the driver to have an endorsement which would entitle him to ply such vehicle. It is not even the case of the complainant that there was such....
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....nsation to the complainant. 40. It is no doubt true that in Ashok Gangadhar in spite of the fact that the driver was holding valid driving licence to ply light motor vehicle (LMV), this Court upheld the claim and ordered the Insurance Company to pay compensation. But, in our considered opinion, the learned Counsel for the Insurance Company is right in submitting that it was because of the fact that there was neither pleading nor proof as regards the permit issued by the Transport Authority. In absence of pleading and proof, this Court held that it could not be said that the driver had no valid licence to ply the vehicle which met with an accident and he could not be deprived of the compensation. This is clear if one reads para 11 of the judgment, which reads thus: (SCC p. 626) 11. To reiterate, since a vehicle cannot be used as a transport vehicle on a public road unless there is a permit issued by the Regional Transport Authority for that purpose and since in the instant case there is neither a pleading to that effect by any party nor is there any permit on record, the vehicle in question would remain a light motor vehicle. The Respondent also does not say that a....
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....long with Section 10(2)(d) and (e) and those classes of vehicles which are included in a category 10(2)(a) to (j) can be driven by a person without any further specific endorsement to drive a particular vehicle. Thus, the decision in Prabhu Lal (supra) does not lay down correct proposition of law and is hereby overruled. 37. In New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir and Anr. (2008) 8 SCC 253 the driver was the holder of a licence to drive a three-wheeler. This Court noted that the licence was not meant to be used to drive a transport vehicle. The vehicle involved was an autorickshaw delivery van and was a goods carrier. It was contended that the driver was not the holder of a legal and valid licence. This Court came to the conclusion that since the licence was issued or renewed for a period of 20 years from the date of issuance or renewal, the driver was not holding the licence to drive a transport vehicle as transport licence is not issued for such duration. The decision in the aforesaid case also cannot hold the field in the light of the law discussed in the instant matters and as the driver driving such a vehicle i.e. three-wheeler was holding the licence ....
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....an a transport vehicle. This Court has observed thus: 21. Licence having been granted for a period of 20 years, a presumption, therefore, arises that it was meant for the purpose of a vehicle other than a transport vehicle. Had the driving licence been granted for a transport vehicle, the tenure thereof could not have exceeded to three years. This Court observed that for grant of licence to drive a transport vehicle, provision in Section 10(2)(e) became effective from 28.3.2001, that is, the date on which form was amended and held that the vehicle was a "goods vehicle" as such the driver did not hold a valid driving licence for a "goods vehicle". The legal position cannot be said to have been correctly appreciated in Angad Kol's case (supra), for the reasons discussed by us, as the vehicle was of light motor vehicle class. Thus, the decision is required to be overruled as the vehicle which was driven was the light motor vehicle, though, it was goods carriage vehicle i.e. transport vehicle. 40. In S. Iyyapan (supra), this Court has considered the decisions in Ashok Gangadhar (supra), Annappa Irappa Nesaria (supra) as well as Prabhu Lal (supra) and has laid down th....
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.... without obtaining endorsement to drive a commercial vehicle. It was held that in such a case, the insurance Co. could not disown its liability. It was observed: (SCC p. 77, para 18) 18. In the instant case, admittedly the driver was holding a valid driving licence to drive light motor vehicle. There is no dispute that the motor vehicle in question, by which accident took place, was Mahindra Maxi Cab. Merely because the driver did not get any endorsement in the driving licence to drive Mahindra Maxi Cab, which is a light motor vehicle, the High Court has committed grave error of law in holding that the insurer is not liable to pay compensation because the driver was not holding the licence to drive the commercial vehicle. The impugned judgment [Civil Misc. Appeal No. 1016 of 2002, order dated 31-10-2008 (Mad)] is, therefore, liable to be set aside. 10. No contrary view has been brought to our notice. 11. Accordingly, we are of the view that there was no breach of any condition of insurance policy, in the present case, entitling the Insurance Company to recovery rights. Though, as held above, and for the reasons assigned by us, the conclusion in Kulwant....
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....have no licence to drive that vehicle. It would lead to absurd results. Merely because a trailer is added either to a tractor or to a motor vehicle by itself does not make that tractor or motor vehicle a transport vehicle. The tractor or motor vehicle remains a tractor or motor vehicle. If a person has a valid driving licence to drive a tractor or a motor vehicle, he continues to have a valid licence to drive that tractor or motor vehicle even if a trailer is attached to it and some goods are carried in it. In other words, a person having a valid driving licence to drive a particular category of vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle. 11. In this case, we find that the Insurance Company when issuing the insurance policy, had also so understood. The insurance policy has been issued for a tractor. In this insurance policy, an additional premium of Rs. 12 has been taken for a trailer. Therefore the insurance policy covers not just the tractor but also a trailer attached to the tractor. The insurance policy provides as follows for the "persons or classes of persons entitled to drive": Persons or classes....
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....tor or to a motor vehicle it by itself does not mean that driver ceased to have valid driving licence. In our considered opinion, even if such a vehicle is treated as transport vehicle of the light motor vehicle class, legal position would not change and driver would still have a valid driving licence to drive transport vehicle of light motor vehicle class, whether it is a transport vehicle or a private car/tractor attached with trolley or used for carrying goods in the form of transport vehicle. The ultimate conclusion in Nagashetty (supra) is correct, however, for the reasons as explained by us. 44. In Natwar Parikh & Co. Ltd. v. State of Karnataka and Ors. (2005) 7 SCC 364, this Court was concerned with the taxation under the Karnataka Motor Vehicles Taxation Act, 1957 and question arose whether the tractor along with trailer for transporting goods was to constitute distinct category of goods carrier which requires permission Under Section 2(14) of the Motor Vehicles Act, 1957 and absence thereof would render it liable to tax Under Section 3(2). This Court held that the tractor when attached with the trailer carrying goods, would become a transport vehicle for the purpose of ....
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....instant case. Therefore, the decision renders no help with the cause espoused by the insurer. 45. Transport vehicle has been defined in Section 2(47) of the Act, to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Public service vehicle has been defined in Section 2(35) to mean any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward and includes a maxicab, a motor cab, contract carriage, and stage carriage. Goods carriage which is also a transport vehicle is defined in Section 2(14) to mean a motor vehicle 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. It was rightly submitted that a person holding licence to drive light motor vehicle registered for private use, who is driving a similar vehicle which is registered or insured, for the purpose of carrying passengers for hire or reward, would not require an endorsement as to drive a transport vehicle, as the same is not contemplated by the provisions of the Act. It was also rightly contended that there are several vehicles which ....