K.KANNAN, J. - (1.) The tractor which was insured as for agricultural purpose was being driven by a person who held LMV licence. The contention was that the driving licence was not effective and if it was attached to a trolley, it should have been treated as a goods vehicle and the driver ought to have had a transport vehicle endorsement.
(2.) The Government through a notification S.O.1248 (e), dated 5th November, 2004 through the Ministry of Surface Transport Number S.O.451 (e) held that under Section 41(4) of Motor Vehicles Act, 1988, an agricultural tractor, power tiller and Tow trucks are non-transport vehicles.
(3.) If it was a non-transport vehicle used for an agricultural purpose, the tractor, being a light motor vehicle, could be driven by a person holding a LMV licence. The indemnity provided to the owner and driver was, therefore, perfectly justified.;