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26. With regard to the driving licence of the respondent No.1 counsel for the respondent No.2 has examined one Chandan­Assistant of New Indian Insurance company as RW­2 and got marked Ex­R2 to Ex­R7 documents and contended that respondent No.1 was not having the valid licence to drive the offending vehicle bus. The learned counsel for the respondent No.2 argued that, as per Ex.R.3 the respondent No.1 has the driving license to drive the transport vehicle of LMV cab only from 16­07­2015 to 15­07­2018 and since the offending vehicle is public service vehicle which comes under the heavy motor vehicle and having the gross vehicle weight of 9300 Kg especially endorsement TRANS is required in view of the directions issued by the Hon'ble Apex Court in Mukundevgan V/s. Oriental Insurance Co.Ltd.,

29. In the line of the arguments canvassed by the both the parties documents and materials placed on records are considered as per Ex.R.3 the respondent no.1 was having the driving license to drive the transport vehicle of class of vehicle of LMV Cab only from 16­07­2015 to 15­07­2018.

30. At this stage it is worth to know what are the types of vehicle come under the definition under the LMV CAB.

As per Section LMV vehicle includes definition. Light motor vehicle means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road­roller the unladen weight of any of which, does not exceed 7500 kilograms.

But in the present case the offending vehicle is a contract carriage which comes under definition Sec.2(35) of the Public service vehicle having the gross vehicle weight of 9300 Kgs. as per Ex.R.8. Further the the said public service vehicle comes under the definition Sec.2(47) of the Motor vehicle Act. Thus it is clear that the offending vehicle does not come within the definition of the LMV vehicle. therefore the offending vehicle does not come under the class of LMV cab vehicle.

31. Further with regard to the arguments canvassed by the learned counsel for the petitioner that, the transport driving licence to drive LMV CAB of the class of LMV CAB permits the holder of the license to drive the all heavy motor vehicles goods and medium goods vehicle and the passenger vehicle, the Hon'ble Apex Court in the Mukundevgan Case relied by the petitioner himself in para No.59 held­ Section 10 of the Act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. In one class of vehicles, there may be different kinds of vehicles. If they fall in the same class of vehicles, no separate endorsement is required to drive such vehicles. As light motor vehicle includes transport vehicle also, a holder of light motor vehicle licence can drive all the vehicles of the class including transport vehicles. It was pre­ amended position as well the post amended position of Form 4 as amended on 28­3­2001. Any other interpretation would be repugnant to the definition of light motor vehicle in section 2(21) and the provisions of Section 10 (2) (d), Rule 8 of the 1989 Rules, other provisions and also the forms which are in tune with the provisions. Even otherwise the forms never intended to exclude transport vehicles from the category of light motor vehicles an for light motor vehicle, the validity period of such licence hold good and apply for the transport vehicle of such class also and the expression in Section 10(2) (e) of the Act Transport Vehicle would include medium goods vehicle, medium passenger motor vehicle, heavy goods vehicle, heavy passenger motor vehicle which earlier found place in Sections 10(2) (e) to (h) and our conclusion is fortified by the syllabus and rules which we have discussed.