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Supreme Court
File photo from Wikimedia Commons

Supreme Court rules LMV license holders eligible to drive transport vehicles up to 7,500 kg

| @indiablooms | Nov 06, 2024, at 08:20 pm

New Delhi/IBNS: The Supreme Court of India has ruled that drivers with a Light Motor Vehicle (LMV) license can legally operate transport vehicles with a gross weight of up to 7,500 kg.

This verdict, issued by a four-judge Constitutional bench led by Chief Justice of India DY Chandrachud, addresses a longstanding question concerning LMV license holders and the types of vehicles they may drive.

In the unanimous ruling, Justice Hrishikesh Roy stated that there is no statistical evidence linking LMV license holders to the rise in road accidents.

Highlighting the livelihood impact on drivers, he noted that LMV license holders, who often spend considerable time driving, sought clarity on this issue.

Their grievances, the judgment emphasized, should not be dismissed on technical grounds.

The bench also included Justices PS Narasimha, Pankaj Mithal, and Manoj Misra.

This decision offers significant relief for commercial drivers by allowing them to operate certain transport vehicles without obtaining additional licenses.

However, it poses a challenge for insurance companies, which have previously rejected claims involving transport vehicles driven by LMV license holders.

Insurers argued that motor accident claims tribunals and courts frequently mandated insurance payouts for accidents involving these vehicles, disregarding insurers' objections about the drivers' license status.

The court examined whether LMV license holders are legally qualified to drive transport vehicles not exceeding 7,500 kg unladen.

The ruling follows extensive deliberations, including input from Attorney General R. Venkataramani, who informed the court that updates to the Motor Vehicles Act, 1988, were nearing completion.

This decision stemmed from a 2017 Supreme Court verdict in the case of Mukund Dewangan vs. Oriental Insurance Company Limited and was reviewed by the Constitution bench after being referred by a three-judge panel in March 2022.

In total, 76 petitions, led by Bajaj Allianz General Insurance Company Limited, were presented to address the legal question surrounding LMV license eligibility.

This ruling reaffirms that LMV license holders can operate certain transport vehicles within specified weight limits, balancing the livelihood concerns of drivers with ongoing regulatory frameworks.

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