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- Light Motor Vehicle; Supreme Court LMV Licence Case Update | 7,500 Kg Weight
New Delhi6 minutes ago
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A bench of 5 judges in the Supreme Court had reserved its decision in this case on August 21.
The Supreme Court has given permission to Light Motor Vehicle (LMV) license holders to drive vehicles weighing up to 7,500 kg. During the hearing on Wednesday, the court said that there is no data which proves that LMV driving license holders are responsible for the increasing road accidents in the country.
While giving the verdict, a bench of 5 judges including Justice Hrishikesh Roy said that this issue is related to the livelihood of drivers holding LMV driving licenses. The court also asked the Center to complete the amendment process in the law soon.
This decision is being considered as a blow to the insurance companies, which were rejecting claims if transport vehicles of a certain weight were involved in accidents and the drivers were not authorized to drive them as per the rules.
On July 18, 2023, the Constitutional Bench of the Supreme Court started hearing 76 petitions related to this legal question. The main petition was filed on behalf of Bajaj Alliance General Insurance Company Limited.
Analysis of Supreme Court’s decision
- Drivers with LMV license do not require separate authorization under Section 10(2)(e) of the Motor Vehicle Act to drive a vehicle weighing less than 7500 kg.
- For licensing purposes, LMVs and transport vehicles are not separate categories. There is an overlap between the two. However, the requirement of special permission will continue to be applicable to e-carts, e-rickshaws and vehicles carrying dangerous goods.
- The second part of Section 3(1) of the Motor Vehicles Act, which emphasizes the need for special authority to drive a transport vehicle, does not replace the definition of LMV given in Section 2(21) of the Motor Vehicles Act.
- The norms given in the Motor Vehicle Act and Motor Vehicle Rules for driving transport vehicles will be applicable only to those who want to drive transport vehicles weighing more than 7500 kg i.e. goods carrier, passenger vehicle, heavy goods carrier and passenger vehicle.
The question was raised from a case of 2017
Actually, this question arose when in 2017, a three-judge bench of the Supreme Court gave a decision in the case of Mukund Dewangan vs. Oriental Insurance Company Limited. Then the court had said – Such transport vehicles, whose total weight does not exceed 7,500 kg, cannot be excluded from the definition of LMV i.e. Light Motor Vehicle.
Insurance companies had accused the claims tribunal and courts
The insurance companies alleged that the Motor Accident Claims Tribunal (MACT) and courts were passing orders to pay them insurance claims, ignoring their objections regarding LMV driving licenses. Insurance companies had said that while deciding insurance claim disputes, the courts were ruling in favor of the insured.
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