Last update:07 November 2024, 4:46 p.m. IST

The Supreme Court acknowledged concerns raised by insurance companies over road safety, but rejected claims that LMV-licensed drivers are causing more accidents.

The move follows years of legal uncertainty, addressing long-standing issues in the Motor Vehicle (MV) Act and aims to avoid future litigation in the matter. (Photo: Mint)

In an important ruling benefiting commercial drivers, the Supreme Court ruled on Wednesday that persons holding a light motor vehicle (LMV) driving license are allowed to drive transport vehicles weighing not more than 7,500 kg .

The judgment by a five-judge constitutional bench, headed by Chief Justice DY Chandrachud, provides clarity on licensing regulations and is expected to prevent insurance companies from rejecting claims based on the license type of drivers involved in accidents.

The unanimous 126-page verdict, authored by Justice Hrishikesh Roy on behalf of five judges, upheld his 2017 judgment in the Mukund Dewangan case that LMV license holders can drive transport vehicles weighing up to at 7,500 kg.

However, he also discussed the nuances of the Motor Vehicle (MV) Act and rules.

“A driver holding a class LMV licence, under section 10(2)(d) for vehicles with a gross weight of less than 7,500 kg, is authorized to drive a “transport vehicle” without need additional authorization under section 10(2)(e) of the MV Act specifically for the “Transport Vehicle” class.

“For licensing purposes, LMVs and transport vehicles are not entirely separate classes. There is an overlap between the two.

“The special eligibility conditions will, however, continue to apply to, inter alia, electric trolleys, electric rickshaws and vehicles carrying dangerous goods,” the bench said.

Besides the CJI and Justice Roy, the bench also included Justices PS Narasimha, Pankaj Mithal and Manoj Misra.

While acknowledging concerns raised by insurance companies regarding road safety, the verdict states that there is no empirical evidence linking LMV licensed drivers to an increase in road accidents and that, Plus, the problem concerns the livelihoods of commercial drivers.

“Road safety is a serious global public health problem. It is crucial to mention that in India, more than 1.7 lakh people were killed in road accidents in 2023,” he said, adding that the causes of these accidents are diverse and the There are many unfounded assumptions that they come from drivers of light transport vehicles with an LMV license.

“Factors contributing to road accidents include reckless driving, excessive speed, poor road design and non-compliance with traffic laws. Other significant contributing factors are cell phone use, fatigue, and failure to comply with seat belt or helmet regulations,” the report said.

Driving a motor vehicle is a complex task that requires both practical skills and theoretical knowledge, and safe driving involves not only technical mastery of the vehicle, but also mastery of various road conditions, including speed management .

“We are able to reach such a conclusion because neither party in this case has produced empirical data demonstrating that the LMV driver’s license holder, operating a ‘transport vehicle’, is a significant cause of accidents of the road in India,” the ministry said. verdict said.

The additional eligibility criteria specified in the MV Act and the rules will apply only to vehicles (“medium commercial vehicle”, “medium passenger vehicle”, “heavy goods vehicle” and “heavy passenger vehicle”) whose weight gross exceeds 7,500 kg. “, he clarified.

“This will also effectively address the livelihood issues of transport vehicle drivers (who spend maximum hours behind the wheel) in “transport vehicles” (less than 7,500 kg) operating legally with their driving license LMV,” he said.

The bench said its interpretation of how the licensing regime would work was unlikely to compromise road safety concerns.

“The interpretation… also does not run counter to the broader dual objectives of the MV Act, namely road safety and ensuring timely compensation and relief to accident victims of the road… An authoritative declaration from this court would prevent insurance companies from using a technical argument to defeat a legitimate claim. claim for compensation concerning an insured vehicle weighing less than 7,500 kg driven by a person holding a driving license in the “Light motor vehicle” class, it is indicated.

The bench referred to the Attorney General’s statement that the Center was considering amending the MV Act appropriately on the legal question of whether a person holding a driving license for an LMV has the right to drive legally a “transport vehicle” of a specified weight.

“If Parliament had acted sooner to amend the MV Act and clearly differentiate between classes, categories and types, much of the uncertainty surrounding driving licenses could have been resolved, thereby reducing the need for frequent litigation and unclear legal terrain. Confusion and inconsistency in judicial decisions persisted for 25 years from the 1999 decision in the Ashok Gangadhar Maratha case,” he said.

The bench had reserved its verdict on August 21 on the vexatious legal issue after Attorney General R. Venkataramani maintained that consultations to amend the MV Act were “almost complete”.

The issue arose from the verdict delivered by the apex court in 2017 in the case of Mukund Dewangan v Oriental Insurance Company Limited.

On July 18 last year, the Constitutional Chamber began hearing on 76 petitions to address the legal issue. The main petition was filed by M/s Bajaj Allianz General Insurance Company Limited.

(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI)