DEVINDER KUMAR KUKREJA Vs. NUFRA KHATOON & ORS

JUDGEMENT

(1.) R.P.14/2015 in MAC.APP.711/2010

(2.) This court noted the contention of the appellant who had pleaded that as the respondent No.5 had a license to drive an LMV he was authorised to drive the said tractor. This court rejected the said plea of the appellant holding that where a tractor is fitted with a trolley and is used for commercial purpose then merely because respondent No.5 was having a driving license for an LMV would not make him eligible to drive a transport vehicle based on the same license.

(3.) Learned counsel for the petitioner relies upon the judgment of the Supreme Court in Mukund Dewangn vs. Oriental Insurance Company Limited, (2017) AIR SC 3668 to contend that the order of the Court suffers an error apparent on the face of the record regarding the above conclusion. The Supreme Court in the above case held as follows:-