MUKUND DEWANGAN versus ORIENTAL INSURANCE COMPANY LIMITED

Citation: [2017] 7 S.C.R. 765 · Decided: 03-07-2017 · Supreme Court of India · Bench: ARUN MISHRA · Disposal: Reference answered
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Judgment (excerpt)

[2017] 7 S.C.R. 765 
MUKUND DEWANGAN 
v. 
ORIENTAL INSURANCE COMPANY LIMITED 
(Civil Appeal No. 5826of2011) 
JULY03,2017 
[ARUN MISHRA, AMTTAVA ROY AND 
SANJAY KISHAN KAUL, JJ.] 
Motor Vehicles Act, 1988: 
A 
B 
ss.3, 10(2), 2(21) - Transport vehicle - Whether a driver who c 
is having a licence to drive 'light motor vehicle' and is driving 
'transport vehicle' of that class is required additionally to obtain 
an endorsement to drive a transport vehicle - Held: When the 
definition of 'light motor vehicle' is read with s.10(2)(d), it is clear 
that 'light motor vehicle' is also a 'transport vehicle', the gross 
vehicle weight or unladen weight of which does not exceed 7500 
D 
kgs. as specified in the provision - A driver is issued a licence as 
per the class of vehicle i.e. light motor vehicle, transport vehicle or 
omnibus or another vehicle of other categories as per gross vehicle 
·weight or unladen weight as specified in s.2(21) of the Act - The 
provision of s.3 of the Act requires that a persqn in order to drive a 
E 
'transport vehicle' must have authorization - Once a licence is issued 
to drive light motor vehicle, it would also mean specific authorization 
to drive a transport vehicle or omnibus, the gross vehicle weight or 
motor car, road roller or tractor, the unladen weight of which, as 
the case may be, does not exceed 7500 kg. - The insertion of 
'transport vehicle' category in s.10(2)(e) has no effect of obliterating 
F 
the already defined category of transport vehicles of the class of 
light motor vehicle - When a driver is authorised to drive a vehicle, 
he can drive it irrespective of the fact whether it is used for a private 
purpose or for purpose of hire or reward or for carrying the goods 
in the said vehicle - This is what is intended by the provision of the 
G 
Act, and the Amendment Act 5411994 -
Thus, no separate 
endorsement on the licence is required to drive a transport vehicle 
of light motor vehicle class - Motor Vehicles Rules, 1989 .- rr.8, 17, 
. 31, 34. 
H 
765 
766 
SUPREME COURT REPORTS 
[2017] 7 S.C.R. 
A 
s. l 0 - Licence as per class of vehicles - Held: s. l 0 of the A ct 
requires a driver to hold a licence with respect to the class of vehicles 
and not with respect to the type of vehicles. 
s.10(2) - Effect of amendment made in the sub-section - Held: 
The effect of the amendment made by virtue of Act No.5411994 w.e.f 
B 
14.11.1994 while substituting clauses (e) to (h} of s.10(2) which 
contained "medium goods vehicle" in s.10(2)(e), medium passenger 
motor vehicle in s.10(2)(/), heavy goods vehicle in s. l 0(2)(g) and 
"heavy passenger motor vehicle" in s. l 0(2)(h) with expression 
'transport vehicle' as substituted in s. l 0(2)(e) related only to the 
said substituted classes only - It does not exclude transport vehicle, 
C from the purview of s.10(2)(d) and s.2(41) of the Act i.e. light motor 
vehicle. 
D 
E 
F 
G 
H 
Form 4 -
Effect of amendment made in Form 4 - Held: 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. 
Interpretation of statutes - Court has to constnie a provision 
and not to act as a legislature - While interpreting a legislative 
provision, the intention of the Legislature, motive and the philosophy 
of the relevant provisions, the goals to be achieved by enacting the 
same, have to be taken into consideration - The words cannot be 
read into an Act, unless the clear reason for it is to be found within 
the four corners of the Act itself 
Answering the reference, the Court 
HELD: 1.1 It is apparent from the definition of driving 
licence that licence is issued authorizing the person specified in 
the licence to drive a motor vehicle or a motor vehicle of any 
specified class or description. Significantly, the definition of 
'driving licence' categorizes the licence of any specified class or 
description. Section 10 deals with the Form and contents of the 
MUKUND DEWANGAN v. ORIENTAL INSURANCE 
COMPANY LIMITED 
licences to drive. Section 10 was amended in the
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