Hi
1) You will require a Light Motor vehicle with Transport Endorsement on your license for driving a Innova.
2) To explain more in detail on requirement of Light Motor Vehicle with Transport Endorsement, we need to go little bit in detail in to definitions and judgments of various courts on similar matters.
2a) Under section 2(22) of Motor Vehicles Act, a Toyota Innova will come under the category of maxicab.
Maxicab means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward ;
2b) Under Section 2((33) of the Motor vehicle act, a “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes ;
2c) Section 2 (47) defines "Transport Vehicle" as: "Transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle".
3) Case laws to substantiate the requirement of Light Motor Vehicle with Transport Endorsement on your license
I) The STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB in First Appeal no 262 of 2009
The judgment reads as follows:
Hon'ble National Commission in case "United India Insurance Company Limited Vs Arvind Kumar Rajak", III (2008) CPJ-191 (NC), held that a Maxi Cab is a transport vehicle and in Para-3 (relevant portion) and Para-4, observed as follows:-
a) "Section 2 (22) of the Motor Vehicles Act, 1988 defines a Maxi Cab as under:-
"Maxi Cab means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward".
b) Section 2 (47) defines "Transport Vehicle" as: "Transport vehicle means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle". 'Public Service Vehicle' has been defined under Section 2 (35) of the Act as under:-
c) "Public Service Vehicle means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a Maxi Cab, a Motor Cab, contract carriage, and stage carriage".
d) Combined reading of said Clauses (22), (35) and (47) of Section 2 would show that the Maxi Cab in question was a transport vehicle".
e) The above authority is applicable on all force to the facts and circumstances of the present case, because in this case, the Innova vehicle was eight seater and the driver was holding a licence to drive motorcycle and jeep only and he was not competent to drive Innova vehicle which is eight seater and for that, the licence to drive transport vehicle was required. To drive a transport vehicle, even the person holding licence to drive Light Motor Vehicle requires endorsement on the licence, but in the present case, there was nothing such and the driver was not holding a valid and effective driving licence and the claim was rightly repudiated
II) Second case law: In New India Assurance v. Prabhu Lal (2008) 1 SCC 696, the view taken by the supreme court is that before 2001 also it was necessary for a driver possessing licence to drive Light Motor Vehicle to obtain endorsement to drive transport vehicle of that category.
III) Third case law: In New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir(2008) 8 SCC 253;Oriental Insurance Co. Ltd. v. Angad Kol, (2009)11 SCC 356, the view taken by the Supreme court is that it is necessary for holder of light motor vehicle licence to obtain specific endorsement on licence, to drive transport vehicle of the light motor vehicle weight as provided in Section 2(41)
Hope this information is useful.