LMV licence holders can drive transport vehicles weighing less than 7,500 kg: SC

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CategoryPolity

Last Updated08/11/2024

In a relief for commercial vehicle drivers, the Supreme Court on Wednesday (November 6, 2024) held that a person holding a driving licence for a light motor vehicle (LMV) is also entitled to drive a transport vehicle with an unladen weight not exceeding 7,500 kg.

The Supreme Court of India has ruled that drivers holding a Light Motor Vehicle (LMV) licence are legally entitled to drive transport vehicles with an unladen weight not exceeding 7,500 kg. This judgment provides relief to commercial vehicle drivers whose claims were often denied by insurance companies based on licence type restrictions.

Five-Judge Constitution Bench: The judgment was delivered by a five-judge Constitution Bench led by Chief Justice D.Y. Chandrachud. Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Manoj Misra were also part of the Bench.
Impact on Insurance Claims: The decision challenges insurance companies that have traditionally rejected accident claims if the driver held only an LMV licence, despite the vehicle’s weight meeting the specified limit.

No Data Linking LMV Licence to Accidents: Justice Hrishikesh Roy, who wrote the unanimous verdict, pointed out that there is no empirical evidence suggesting that LMV licence holders are responsible for an increase in road accidents.
Grievances of LMV Drivers: The court acknowledged that LMV licence holders, who spend considerable time driving, deserve fair consideration and cannot have their grievances dismissed on technical grounds.

Government’s Role: The Attorney General, R. Venkataramani, indicated that the process to amend the Motor Vehicles (MV) Act, 1988, is nearly complete. The court urged the government to finalize these amendments promptly to provide clarity on the legal issue.

Core Issue: The main legal question addressed was whether an LMV licence allows a driver to operate transport vehicles within a specific weight limit.
Insurance Companies’ Objection: Insurance firms have argued that motor accident claim tribunals (MACTs) and courts have typically sided with insured drivers in claim disputes, overlooking objections regarding the licence type.