The Supreme Court of India on Wednesday upheld that holders of Light Motor Vehicle LMV driving license are permitted to drive transport vehicles with a gross weight of up to 7500 kg.
This groundbreaking ruling emerged from a constitutional bench comprising five judges led by CJI DY Chandrachud, and this affirmed the 2017 ruling that had already allowed LMV license holders to transport goods vehicles of up to 7,500 kg.
The case concerning the matter was based on the question of whether a person with an LMV license could use a transport vehicle in light of the LMV classification. The root cause of the legal issue was insurance companies’ apprehensions that such a provision would complicate accident claim processing if LMV license holders were allowed to drive transport vehicles.
Insurance firms had filed petitions saying courts and motor accident claim tribunals had ordered insurance payouts even if there were objections concerning the type of driving license possessed by the driver involved in the accident.
Other members of the bench were Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Manoj Misra, evaluating a crucial question of whether LMV license holders have a higher propensity for affecting transport vehicle accidents. Nonetheless, the Court observed that the respondents had not presented empirical evidence, which should establish a correlation ratio between the holders of LMV licenses and the rate of accidents.
The Supreme Court has reaffirmed a decision it made two years ago where it had determined that transport vehicles that weigh up to and including 7,500 kg are considered to be an LMV and, therefore, do not require additional licensing. According to this verdict, the Centre had amended rules. On this issue, the Constitution bench has heard a total of 76 petitions, including one filed by Bajaj Allianz General Insurance Company Limited, which prompted the ruling.
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