In a big development for those holding light motor vehicle (LMV) driving licence, the Supreme Court on Tuesday ruled that they can also drive transport vehicles weighing up to 7500 kg.
A five judge constitutional bench said that for licensing purposes, the LMVs and transport vehicles are not entirely separate classes, and an overlap exists between the two. The special eligibility requirement will however continue to inter alia e-cars, e-rickshaws and vehicles.
Justice Roy while reading out the verdict said that road safety is a serious public issue globally and 1.7 lakh persons were killed in india due to road accidents and to say that all was because of LMV drivers is unsubstantiated.
“A pronouncement from this court will also help in making insurance claims by a LMV holder who is found driving a vehicle weighing within 7500 kgs, licensing regime cannot remain static, we hope suitable amendments are made to address the lacunae as it exists and AG has assured that the same will be done,” Justice Roy said while reading the verdict.
The top court today held that if transport vehicle weight is within 7500 kgs then a LMV license holder can also drive the same transport vehicle. And the insurance company cannot deny insurance claim on such a ground.
A five-judge Constitution bench headed by Chief Justice DY Chandrachud and comprising Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra pronounced the verdict today.
This legal question, the top court adressed today had given rise to various disputes over payment of claims by insurance companies in accident cases involving transport vehicles being driven by those possessing licences to drive LMVs.
The insurance firm had moved the top court contending that courts have been adopting a pro-insured approach while deciding insurance claim disputes.
The insurance firms alleged that the motor accident claim tribunals (MACTs) and courts have been passing orders asking them to pay insurance claims, disregarding their objections with regard to the LMV driving licence.
The question arose from the apex court’s 2017 verdict in the case of Mukund Dewangan versus Oriental Insurance Company Limited. It was referred to the larger bench on March 8, 2022 by a three-judge bench Supreme Court headed by Justice U U Lalit.
In the Mukund Dewangan case, a three-judge bench of the court had held that transport vehicles, the gross weight of which does not exceed 7,500 kg, are not excluded from the definition of an LMV. The judgment was accepted by the Centre and the rules were amended to align those with the verdict.
The MV Act provides for different regimes for the granting of driving licences for different categories of vehicles. While referring the matter to the larger bench, it was said that certain provisions of the law were not noticed by the apex court in the Mukund Dewangan judgement and the controversy in question needs to be revisited.