-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.907 of 2010 Keshar Khan son of Shri Karim Khan VERSUS Geeta Devi wife of late Shri Birmaram and Others Date of Order :::: March 29th, 2010 Hon'ble Mr. Justice Dalip Singh Mr. Imran Khan, Counsel for the appellant *** By the Court : Heard learned counsel for the appellant. The submission of the learned counsel for the appellant is that the appellant is the owner of the vehicle and it has been held by the learned Tribunal that the driver did not possess a valid driving license at the time of accident. Learned counsel sought to contend that the auto- rickshaw, which was being driven by the driver falls within the category of L.M.V and he possessed a valid license for driving a L.M.V. as well as a motor-cycle without gear. Learned counsel, therefore, contends that the auto- rickshaw being in the category of L.M.V. as defined under Section 2 (21) of the Motor Vehicles Act, 1988 includes a transport vehicle, thus, the license possesses by the driver was -2- a valid one. A look at the provisions with regard to requirement of driving license as contained in Section 10 provide under clause (e) sub-section (2) a “transport vehicle” separately and distinctly, other than a L.M.V. So far as the requirements of license is concerned the two are separate and distinct as clarified by the Amendment of 1994 to Section 10. In the facts and circumstances, therefore, merely because under the definition clause (21) of Section 2, L.M.V. has been defined as a transport vehicle, that would not ennure for the benefit of the driver in the light of the specific provisions contained for the requirement of driving license in Section 10 sub-section (2) clause (e), which have been inserted with effect from 14.11.1994 by the amending Act No.54 of 1994, which has also made the legislative intention clear. In the facts and circumstances, I find no merit in this miscellaneous appeal. Consequently, the miscellaneous appeal and the stay application are accordingly dismissed. (Dalip Singh), J. Ashok/