The Supreme Court has allowed car license ie Light Motor Vehicle (LMV) license holders to drive vehicles weighing up to 7,500 kg. During the hearing on Wednesday, the court said there was no data to prove that LMV driving license holders were responsible for the increasing number of road accidents in the country.
While delivering the judgement, a five-judge bench headed by Chief Justice DY Chandrachud said the issue pertains to the livelihood of drivers holding LMV driving licences. The court has also asked the Center to complete the process of amending the law soon.
This decision of the Supreme Court is being considered as a blow for the insurance companies. Insurance companies used to reject claims if transport vehicles of a certain weight were involved in an accident and the drivers were not authorized to drive as per the rules.
On July 18, 2023, the Constitution Bench of the Supreme Court began hearing 76 petitions related to this legal question. The main application was filed on behalf of Bajaj Alliance General Insurance Company Limited.
3 special things about the Supreme Court's decision
- LMV and transport vehicle are not separate classes. An overlap exists between the two. Law should be practical and useful.
- Special eligibility shall apply to vehicles carrying dangerous goods.
- The bench also said that the causes behind road accidents include careless and speeding driving, road design and violation of traffic rules. Apart from this, using mobile while driving, not wearing seat belt and not wearing helmet also lead to accidents.
This question was raised from a case of 2017 In fact, this question arose when a three-judge bench of the Supreme Court in 2017 gave its decision in the case of Mukund Dewangan v. Oriental Insurance Company Limited. The court then said that such transport vehicles whose gross weight does not exceed 7,500 kg cannot be excluded from the definition of LMV i.e. Light Motor Vehicle.
The insurance companies filed allegations in the claims tribunals and courts The insurance companies alleged that the Motor Accident Claims Tribunal (MACT) and courts were passing orders to them to pay insurance claims ignoring their objections regarding the LMV driving licence. The insurance companies said that the courts were ruling in favor of the insured while adjudicating insurance claim disputes.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
