LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending

A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgement of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.The issue before the Constitution Bench comprising Chief Justice of India DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra was hearing a reference against the Mukund Dewangan judgment on whether a person holding a driving licence in respect of a “light motor vehicle” is entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg. As per Mukund Dewangan, a separate endorsement in the LMV driving licence was not required to drive a transport vehicle having unladen weight below 7500 kgs.Today, Attorney General for India R Venkatramani requested for the proceedings to be adjourned sina die (indefinitely) as the amendment to the MV Act would require consultation with stakeholders including all State Governments.While the bench stated that it was not inclined to adjourn the proceedings sina die, it gave the Union time till January 17, 2023 to conclude the consultation with stakeholders and provide the bench with a clear road map of further steps which Union proposes to take. The bench emphasized the need for an expedited amendment process, acknowledging the Union government's stance that consultations with multiple stakeholders, including state governments, were essential. It stated–"We do appreciate the stance of the Union government that any exercise for amendment would require consultation with multiple stakeholders. We direct the Union to pursue the exercise with utmost expedition. Since consultation with state governments is envisaged, we direct all state governments to comply with timeline set by MoRTH."Further, the bench added–"During the pendency of the proceedings, the judgement in Mukund Dewangan shall continue to hold field and all courts, tribunals, and authorities shall therefore act accordingly."The next hearing is scheduled for January 17, 2023, by which date the bench expects the Union government to conclude consultations and present a comprehensive roadmap for further steps in amending the MV Act. Earlier, the bench had urged the Union to consider bringing appropriate legislative amendments to strike a balance between the livelihood issue and road safety concerns.The issue of whether a person holding a driving license in respect of a Light Motor Vehicle (LMV) could on the strength of that license drive a transport vehicle having an unladen weight not exceeding 7500 kgs was dealt with in the judgement Mukund Dewangan v. Oriental Insurance Company Limited (2017) 14 SCC 663. In this case, a 3-judge Bench comprising Justice Amitava Roy, Justice Arun Mishra, and Justice Sanjay Kishan Kaul held that a separate endorsement in the "Light Motor Vehicle" driving licence was not required to drive a transport vehicle having unladen weight below 7500 kgs. Thus, a person holding an LMV driving licence was entitled to drive a "transport vehicle of light motor vehicle class" having an unladen weight not exceeding 7500 kgs. In 2022, the dictum in Mukund Dewangan was doubted by a coordinate bench and the matter was referred to a 5-judge bench.In the previous proceedings, the Constitution Bench had held that it would be necessary for the Ministry of Road Transport and Highways to have a fresh look at the matter. The following reasons were provided for the same–1. Since the enactment of the MV Act in 1988, there has been a rapid evolution of the transport sector particularly with the emergence of new infrastructure and arrangements particularly in the commercial sector.2. Any interpretation of the law must take into account valid concerns of road safety.3. The decision in Mukund Dewangan has held the field for nearly six years and the impact that the reversal of the decision would have on the social sector is a facet which merited consideration by the executive.4. Any change in the position of law in Mukund Dewangan would undoubtedly have an impact on persons who have insurance and who may be driving commercial vehicles with LMV license. A large number would be dependent on livelihood which would be disturbed.Case Title: M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS. | Civil Appeal No(s).841/2018Click Here To Read/Download Order

LMV License Issue : Supreme Court Says 'Mukund Dewangan' Decision Will Continue To Apply While Reference Is Pending

Padmakshi Sharma

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