SC: LMV License Permits Driving of Transport Vehicles

NEW DELHI: In a landmark decision to increase insurance coverage for road accident victims, the Supreme Court clarified on Wednesday that holders of a light motor vehicle (LMV) license must also include drivers of all classes of vehicles whose gross weight does not exceed 7500 kgs, without the need for additional endorsement from the transport government.

Historically, it was difficult for claimants to recover insurance compensation for death or bodily injury caused by accidents involving an LMV license holder driving the transport vehicle. Insurance companies frequently denied claims because the transport department had not properly endorsed driver’s licenses for LMVs. The ruling was issued by a bench led by Chief Justice D Y Chandrachud, with Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal, and Manoj Misra, and clarified a position that had been clouded for 25 years regarding a driver’s license.

The said judicial pronouncement examined the issue and held that “a driver possessing an LMV license is entitled to drive a ‘Transport Vehicle’ without any further authorization as provided under Section 10(2)(e) of the MV Act, to the class of vehicle which is defined as “Transport Vehicle” where the gross vehicle weight permissible is below 7500 kgs under Section 10(2)(d).” However, it clarified that LMV license holders must obtain additional endorsements to drive medium or heavy transport or passenger vehicles exceeding this weight.

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In a comprehensive 126-page judgment, Justice Roy emphasized that this ruling would curb insurance companies from using technicalities to reject legitimate compensation claims involving insured vehicles weighing less than 7,500 kg, driven by those holding LMV licenses.

The bench highlighted the necessity for the licensing framework to evolve, stating, “In an era where autonomous or driverless vehicles are no longer tales of science fiction and app-based platforms have become a modern reality, the licensing regime cannot remain static.” The justices noted that while amendments to the Motor Vehicles (MV) Act have been made, they may not have comprehensively addressed all related concerns.

The Attorney General, R Venkataramani, informed the court that legislative efforts are underway to introduce multiple amendments aimed at better-classifying LMVs. “Had Parliament acted sooner to amend the MV Act and differentiated between classes, categories, and types, much of the uncertainty surrounding driving licenses could have been alleviated, thereby reducing the need for frequent litigation and clarifying the legal landscape,” Justice Roy remarked.

Source By:- https://timesofindia.indiatimes.com/