‘LMV license holder entitled to drive transport vehicles weighing up to 7500 KG’ says Supreme Court
A five-judge Constitution Bench of the Supreme Court has given a major verdict regarding persons holding a driving license for light motor vehicles (LMV). The court has ruled that a person holding an LMV driving license is entitled to drive a transport vehicle weighing less than 7,500 kg.
The court said that there is no data available to prove that LMV license holders are responsible for the increase in road accidents in the country. Justice Hrishikesh Roy, writing the verdict on behalf of four judges including the Chief Justice, said that this issue is related to the livelihood of drivers holding light motor vehicle licenses.
Verdict given by a five-member Constitution Bench
A five-member Constitution Bench led by Chief Justice DY Chandrachud gave the verdict on this. This legal question was causing disputes over compensation claims by insurance companies in accident cases in which transport vehicles were being driven by LMV driving license holders.
What is the argument of insurance companies?
Insurance companies said that the Motor Accident Claims Tribunal (MACT) and the courts are ordering them to pay insurance claims, ignoring their objections. Insurance companies say that the courts are taking decisions in favor of the policyholders in insurance disputes.
The three-judge bench had reserved the decision
A bench comprising Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Mishra had reserved its decision on the issue on August 21 when the Center’s counsel, Attorney General R Venkataramani, said that deliberations on amendment to the Motor Vehicles (MV) Act, 1988 were almost complete.
He said that the proposed amendment could be introduced in the winter session of Parliament, and hence the court decided to proceed with the matter. Whether a Light Motor Vehicle (LMV) driving license holder has the right to drive a transport vehicle weighing up to 7,500 kg is the legal question pending in the Supreme Court.
The question was referred to the Constitution Bench on March 8, 2022 by a three-member bench, comprising Justice UU Lalit (now retired). The issue arose from the 2017 Supreme Court case of Mukund Dewangan vs Oriental Insurance Company Ltd. In the Mukund Dewangan case, the court had held that transport vehicles weighing up to 7,500 kg were not excluded from the definition of LMV.
