NEW DELHI, Nov 6: In a significant relief to commercial vehicle drivers, the Supreme Court ruled on Wednesday that individuals holding a Light Motor Vehicle (LMV) driving licence are also authorized to drive transport vehicles with an unladen weight of up to 7,500 kg.
The judgment, delivered by a five-judge Constitution bench led by Chief Justice D.Y. Chandrachud, is expected to impact insurance companies, which have previously rejected claims in accidents involving transport vehicles of a certain weight, arguing that drivers lacked the necessary authorization.
Justice Hrishikesh Roy, who penned the unanimous verdict, stated, “There is no empirical data to suggest that LMV licence holders are responsible for an increase in road accidents.” He added that LMV licence holders, who spend considerable time driving, should not have their grievances dismissed on technical grounds.
The bench, also comprising Justices P.S. Narasimha, Pankaj Mithal, and Manoj Misra, had reserved its judgment on August 21. Attorney General R. Venkataramani, representing the Centre, informed the court that consultations on amending the Motor Vehicles Act, 1988, were nearly complete, and the court urged the government to expedite the amendment process.
The legal issue at hand was whether LMV licence holders could legally drive transport vehicles weighing up to 7,500 kg. This matter had raised disputes over insurance claims, as companies had contested paying claims for accidents involving such vehicles driven by LMV-licensed drivers.
Insurance companies had argued that tribunals and courts were disregarding their objections based on the LMV licence stipulation, and had adopted a pro-insured stance in deciding accident claims.
