By Priya Singh
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Updated On: 07-Nov-2024 07:32 AM
The dispute over whether LMV license holders should be allowed to drive transport vehicles with a weight under 7,500 kg dates back to a 2017 case.
Key Highlights:
In a recent decision, the Supreme Court of India ruled that a person holding a driving license for a light motor vehicle (LMV) is allowed to drive a transport vehicle with an unladen weight not exceeding 7,500 kg. This judgment was passed by a five-judge Constitutional Bench, with Chief Justice D.Y. Chandrachud leading the proceedings.
The ruling comes as a significant shift in the interpretation of driving licenses and their corresponding permissions. It directly affects insurance companies, which have been rejecting claims related to accidents involving transport vehicles driven by LMV license holders. The reason for these rejections was based on a rule that only drivers with specific transport vehicle licenses were authorized to operate vehicles over a certain weight.
Justice Hrishikesh Roy, who was part of the bench, noted that there was no evidence to suggest that LMV license holders were responsible for an increase in accidents. He emphasized that many drivers with LMV licenses spend a significant amount of time operating such vehicles and have sought a resolution to this issue, highlighting that their complaints could not be dismissed on technical grounds alone.
The dispute over whether LMV license holders should be allowed to drive transport vehicles with a weight under 7,500 kg dates back to a 2017 case. The case, known as Mukund Dewangan vs Oriental Insurance Company Limited, was decided by a three-judge bench.
The court's decision in that case stated that vehicles with a gross vehicle weight not exceeding 7,500 kg should be classified under LMV, making them accessible to drivers with an LMV license. This ruling created confusion and led to insurance companies challenging the decision, especially in accident cases involving such vehicles driven by LMV license holders.
Insurance companies have argued that this decision could lead to road safety hazards. They compared it to allowing an auto-rickshaw driver (three-wheeler) to operate a much heavier vehicle, like a road roller or a school bus, without the proper skills or training. These vehicles, typically operated by drivers who undergo 30 days of specialized training, require more expertise than what is expected of an LMV driver.
Despite these concerns, the Supreme Court upheld its 2017 ruling, reaffirming that LMVs and transport vehicles below the specified weight limit should not be treated as separate categories. The verdict is seen as a step toward addressing the grievances of many drivers who had previously faced difficulties in their ability to operate these vehicles legally.
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CMV360 Says
This Supreme Court ruling seems to be a practical decision aimed at solving long-standing issues faced by LMV license holders. However, while it may ease the burden for many drivers, it raises valid concerns about road safety.
Ensuring that drivers are properly trained to handle vehicles, even if they fall under the 7,500 kg limit, is crucial to preventing accidents. The ruling might need further clarification on how to balance the rights of drivers with safety measures to protect everyone on the road.