New Delhi: The Supreme Court has given an important decision regarding LMV license holders who earn their livelihood by driving small commercial and transport vehicles. The Constitution Bench of five judges of the Supreme Court has said that those holding light motor vehicle (LMV) license can drive transport vehicles weighing up to 7500 kg and they do not need any additional authority for this.

Supreme Court's decision gives big blow to insurance companies

The Supreme Court has given this decision by clarifying the provisions related to the Motor Vehicle Act and driving license, keeping in mind the livelihood of thousands of LMV drivers. The Supreme Court's decision has given a big blow to the insurance companies; now in case of an accident, they will not be able to reject the claim by giving legal and technical arguments of driving a transport vehicle or commercial vehicle on LMV license.

The Supreme Court has given this verdict keeping in mind the aspect of insurance companies rejecting the claim by resorting to legal technicalities in case of LMV license holder drivers meeting with an accident despite the vehicle being insured. A five-member bench of Chief Justice DY Chandrachud, Hrishikesh Rai, PS Narasimha, Pankaj Mittal and Manoj Mishra has approved the order given by three judges in the Mukund Dewangan case of 2017. In that decision, the court had accepted that transport vehicles whose total weight does not exceed 7500 kg are not excluded from the definition of light vehicle.

Road safety is a serious issue globally

In the present case, the legal question before the Supreme Court was whether an LMV license holder has the right to drive a transport vehicle of light motor vehicle category weighing up to 7500 kg. Justice Rishikesh Rai has written the decision on behalf of the bench. The Constitution Bench has acknowledged that road safety is a serious issue globally and in India, 1.7 lakh people died in road accidents in 2023. But the court said that the concept that these accidents were caused by LMV license holders driving transport vehicles is baseless.

There are many reasons for accidents such as careless driving, speeding, poor road design, not following traffic rules or not wearing seat belts and helmets or using mobile phones. But no party could produce data to prove that the major cause of accidents was LMV licence holders driving transport vehicles.

Driving is a complicated job

However, the court has advised to drive carefully and said that driving is a complex job. It requires both practical skills and bookish knowledge. Safe driving not only helps in controlling the vehicle but also helps in driving with awareness of road conditions.

The bench said that all drivers are equally expected to have core driving skills. It does not matter whether the vehicle is in the transport category or non-transport vehicle category. The court said that if the gross vehicle weight is within 7500 kg, then the LMV license holder can drive a transport vehicle. LMV and transport vehicles are not different classes, there is overlapping between the two. It said that this decision will prevent insurance companies from taking technical arguments to reject valid claims for compensation.

Driverless vehicles are not a science fiction

The court's interpretation does not defeat the dual purpose of the Motor Vehicles Act of ensuring road safety and timely compensation to accident victims. The bench said that now that driverless vehicles are not a figment of science and app-based passenger platforms are a modern reality, the licensing system cannot remain static. The amendments made by the legislature in the law do not address all possible concerns. The Attorney General has told the court that amendments are going to be made, so the court hopes that legislative deficiencies will be removed through comprehensive amendments.