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Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision
Udit Singh
27 Feb 2023 9:15 AM GMT
The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...
The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.
In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not exceed 7,500 kg, are not excluded from the definition of LMV. The decision was recently doubted by another 3-judge bench and referred the issue to a larger bench for consideration.
Whether or not Light Motor Vehicle (LMV) driving licence holders require a separate endorsement for driving transport vehicles carrying up to 7,500 kilograms, the larger bench will decide.
In this case, the Motor Accident Claims Tribunal had passed an award allowing claims of Rs.4,33,000/- and Rs.52,600/- in favour of the claimants respectively. However, the Tribunal applied the principle of 'pay and recover' in view of breach of policy, as the driver was driving a ‘Transport Vehicle’ whereas he was having a Driving Licence of LMV.
The owner of the vehicle filed cross-objections stating that the vehicle in question being insured, the Insurance Company is solely responsible to pay the compensation amount.
The single judge bench of Justice Rekha Borana while relying upon Mukund Dewangan (supra) held that the appellant-Insurance Company would be liable to pay the compensation in terms of the award to the claimants as the transport vehicle of which gross vehicle weight does not exceed 7500 kg would be covered under the definition of LMV.
The court modified the impugned award to the extent that the Insurance Company would not be entitled to recover the amount of compensation from the owner after paying the same to the claimants.
However, the court did not interfere with the quantum of the computation.
Case Title: Shriram General Insurance Co. Ltd. v. Manohar Kanwar & Ors.
Citation: 2023 LiveLaw (Raj) 12
Coram: Justice Rekha Borana
