LMV License holder: The Supreme Court will give an important decision on Wednesday (06 November) on an important matter related to the Motor Vehicle Act and insurance claims. The court will decide whether those holding a license to drive light motor vehicles (LMV) have the right to drive commercial vehicles up to 7,500 kg. A bench of 5 judges headed by the Chief Justice had reserved its decision on the matter on Wednesday (August 21, 2024).
This decision will have a direct impact on the insurance claims of LMV license holders in accidents related to driving. The court has heard more than 75 petitions of insurance companies in the matter. Insurance companies are raising questions on the payment of such claims in which accidents have occurred due to the driving of transport vehicles by LMV license holders.
The hearing was conducted by a bench of 3 judges of the Supreme Court.
In 2017, in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, a three-judge bench of the Supreme Court had said that transport vehicles whose total weight is less than 7,500 kg cannot be excluded from the definition of LMV i.e. Light Motor Vehicle. While hearing the case, a bench of 5 judges had said that the government had made some changes in the rules to align with the 2017 decision. It is important to know whether the government wants to amend the law.
It is important to understand the social impact of the law – SC
Attorney General R. Venkataramani, appearing for the Central Government, had said that many changes have been proposed in the Motor Vehicle Act 1988. They can be presented in the winter session of Parliament. On this, the court had said that lakhs of drivers in the country are working on the basis of the decision of Dewangan case. It is not just a question of law here. It is also important to understand the social impact of the law, so that people do not face difficulties.
