LMV Licence Holders Can Drive Transport Vehicles Up to 7,500 kg Without Separate Endorsement: Constitution Bench

In Mukund Dewangan (2017) a three-Judge Bench held that an LMV licence holder needs no separate endorsement to drive a transport vehicle below 7,500 kg (para 3). In 2018 a two-Judge Bench hearing this appeal noted that important provisions had not been considered and referred the question (paras 4-5). A three-Judge Bench then referred it to five Judges (para 5). The Union had accepted Mukund Dewangan and amended the Rules, but later placed a note on proposed amendments to the Act (paras 7-8). After repeated deferrals the Bench proceeded with the part-heard matter on 21.8.2024, on five framed issues (paras 8, 11).

Section 2(21) uses 'means' and is an exhaustive definition, so a light motor vehicle covers a transport vehicle, omnibus, motor car, tractor or road roller not exceeding 7,500 kg (paras 32, 35). Section 10 must be read with Section 2(21), and after 1994 the medium and heavy classes stood subsumed under 'transport vehicle' (paras 43, 45). Treating the classes as watertight compartments would be contrary to legislative intent (para 44). References to 'transport vehicle' in Section 3(1) and elsewhere apply only to vehicles beyond the Section 2(21) definition, so no provision is rendered otiose (para 85). A form cannot control the Act or the Rules (para 84). Compensation must not be denied for minor technical breaches of licensing conditions (para 76). Ashok Gangadhar Maratha, Nagashetty, S. Iyyapan and Kulwant Singh were upheld; Prabhu Lal, Roshanben Rahemansha Fakir and Angad Kol were overruled, and Annappa Irappa Nesaria partially overruled (para 96). Mukund Dewangan missed some provisions, but they would not alter its outcome, so it is not per incuriam (para 115). No party produced empirical data linking LMV licence holders driving transport vehicles to road accidents (para 130).