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along with interest at the rate of 9% per annum. The Tribunal gave recovery rights to the insurer as the driver was holding a driving licence to drive LMV, tractor, MC WG, Car, Jeep, NT but he was driving a tractor attached with trolley and there was no endorsement for driving transport vehicle.

Aggrieved of the recovery rights, the present appeal has been filed.

The contention raised by learned counsel for the appellants that the licence to drive tractor or LMV was not valid for driving a tractor attached with trolley; is not well founded.

The issue raised has two aspects. Firstly, whether tractor trolley would be covered within ambit of driving licence for LMV and tractor?

Secondly, merely because trolley is attached to tractor; whether this will change the class of vehicle from tractor to transport vehicle?

There is no dispute that on the date of accident the driver of the offending vehicle was having a valid licence. The said licence authorized 2 of 9 him to drive LMV and the tractor. The Tribunal relied upon the decision of this Court in case Subhash Chand and others versus Satya Rani and others 2013(4) PLR 329 to hold that since there was no special endorsement as per Section 3 of the Act, therefore, the driver was not authorized to drive a tractor attached with trolley.

10. We are unable to accept the submissions of Mr. S.C. Sharda. It is an admitted fact that the driver had a valid and effective licence to drive a tractor. Undoubtedly Under Section 10, a licence is granted to drive specific categories of motor vehicles. The question is whether merely because a trailer was attached to the tractor and the tractor was used for carrying goods, the licence to drive a tractor becomes ineffective. If the argument of Mr. S.C. Sharda is to be accepted, then every time an owner of a private car, who has a licence to drive a light motor vehicle, attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a transport vehicle and the owner would be deemed to 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 4 of 9 category of vehicle does not become disabled to drive that vehicle merely because a trailer is added to that vehicle. (emphesis supplied) XXX XXX XXX Section 10(2) (a) to (j) lays down the classes of vehicles to be driven not a specific kind of motor vehicles in that class. If a vehicle falls into any of the categories, a licence holder holding licence to drive the class of vehicle can drive all vehicles of that particular class. No separate endorsement is to be obtained nor provided, if the vehicle falls in any of the particular classes of Section 10(2). This Court has rightly observed in Nagashetty (supra) that in case submission to the contrary is accepted, then every time an owner of a private car, who has a licence to drive a light motor vehicle, attaches a roof carrier to his car or a trailer to his car and carries goods thereon, the light motor vehicle would become a transport vehicle and the owner would be deemed to 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 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 5 of 9 (supra) is correct, however, for the reasons as explained by us.

It was held that no separate endorsement on licence is required to drive transport vehicle of a light motor vehicle classes i.e. LMV, tractor or road roller, the unladen weight of which does not exceed 7500 kg. The driving licence to drive such class of vehicles would be a valid for driving transport vehicles of the said class.

The Supreme Court in the latest decision of Sant Lal versus Rajesh and others, (2017) 8 SCC 590 following the decision of Mukund Dewangan's case (Supra) held that driving licence of LMV class or tractor needs no separate endorsement on the driving licence for driving a tractor to which trolley is attached. The answer to first aspect of contention is decided in favour of appellants i.e. driver holding valid licence for tractor or LMV is authorized to drive tractor with trailer attached to it.