New Delhi:The Supreme Court on Wednesday ruled that a person holding a driving licence for a light motor vehicle (LMV) is also entitled to drive a transport vehicle having an unladen weight below 7,500 kilograms.
The verdict was delivered by a five-judge constitution bench headed by Chief Justice D Y Chandrachud. The legal question had given rise to various disputes over payment of claims by insurance companies in accident cases involving transport vehicles being driven by those possessing licences to drive LMVs.
The five-judge bench led by CJI and comprising justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal, and Manoj Misra had reserved the verdict on August 21. During the hearing, the Attorney General R Venkataramani, representing the Centre, had contended before the court that the consultations to amend the Motor Vehicles (MVs) Act, 1988 are almost complete. He had submitted that the proposed amendments are yet to be tabled in the Parliament and this can be done only in the winter session of the Parliament.
Today, the apex court said if the gross vehicle weight is within 7500 kg, the quintessential common’s man driver with LMV license can also drive a transport vehicle.
Justice Roy, pronouncing the judgment on behalf of the bench, said we are able to reach such a conclusion as none of the parties in this case has produced any empirical data to show that LMV drivers driving transport vehicles is a significant cause for road accidents in India. Justice Roy said that road safety is a serious public issue globally and 1.7 lakh persons were killed in India due to road accidents.
The apex court said that the additional eligibility requirement to drive transport vehicles will apply to only those transport vehicles which weigh more than 7500 kg.
The bench said this judgment would help in making insurance claims by an LMV holder who is found driving a vehicle weighing under 7500 kg. The bench stressed that the licensing regime cannot remain static, and the court expects suitable amendments would be made in the law to address the lacunae as it existed. Against the backdrop of road accidents data in the country, Justice Roy said that to say that it was because of LMV drivers is unsubstantiated.
Roy said the court's present interpretation on how the present licensing regime should operate for drivers under the statutory scheme is unlikely to compromise the road safety concerns. “This will also address the livelihood issues of drivers operating transport vehicles who clock maximum hours behind the wheels in transport vehicles below 7500 kg, with their LMV driving license...” he said.
The apex court highlighted the reasons such as non-compliance with seat belt rules, use of mobiles, being inebriated etc. The detailed judgment will be uploaded later in the day.
