Home India Supreme Court rules that LMV licence holders can drive transport vehicles under...

Supreme Court rules that LMV licence holders can drive transport vehicles under 7,500 kg

0
Supreme Court rules that LMV licence holders can drive transport vehicles under 7,500 kg
The Supreme Court of India on Wednesday clarified that a person holding a light motor vehicle (LMV) driving licence is also permitted to drive a transport vehicle with an unladen weight of up to 7,500 kg. This judgement, delivered by a five-judge Constitution bench headed by Chief Justice D.Y. Chandrachud, is a blow to insurance companies that had previously rejected claims in cases where accidents involved transport vehicles being driven by those who did not have a specific transport vehicle driving licence.

Justice Hrishikesh Roy, who authored the unanimous verdict, stated that there was no concrete evidence showing that LMV licence holders were responsible for an increase in road accidents. He emphasised that drivers with LMV licence, who spend the most time on the road, have legitimate grievances that cannot be dismissed on technical grounds.

The bench, which also included Justices P.S. Narasimha, Pankaj Mithal, and Manoj Misra, had reserved its judgement on August 21. During the proceedings, Attorney General R. Venkataramani informed the court that consultations to amend the Motor Vehicles (MV) Act, 1988, were nearing completion. The court urged the Centre to expedite the amendment process.

The case arose from disputes concerning insurance claims after accidents involving transport vehicles driven by individuals with LMV licence. Insurance companies had been challenging the payment of claims, arguing that the drivers were not legally authorised to operate transport vehicles. These companies claimed that courts and motor accident claim tribunals (MACTs) often favoured the insured, disregarding the licensing requirements.

In light of this ruling, insurance companies will now have to adjust their approach when handling claims involving transport vehicles driven by LMV licence holders, as the Supreme Court’s decision ensures that such drivers are legally permitted to operate vehicles weighing under 7,500 kg.


Inputs from PTI



Source link

No comments

Leave a reply

Please enter your comment!
Please enter your name here

Exit mobile version