Supreme Court to make important decision on driving licenses today
The Supreme Court will today rule on the legal question of whether a person holding a light motor vehicle (LMV) driving license is also qualified to drive a transport vehicle not exceeding 7,500 kilograms without luggage. A five-judge Constitution bench headed by Chief Justice DY Chandrachud will pronounce the verdict.
This legal issue has given rise to controversy over claims from insurance companies when an LMV license holder is involved in an accident driving a transport vehicle.
What is the insurance company’s logic?
Insurers say the Motor Accident Claims Tribunal (MACT) and courts ignored their objections and ordered them to pay insurance claims. Insurers say courts are ruling in favor of insureds in insurance disputes.
A three-judge bench reserved the decision
Counsel at the Centre, Attorney General R Venkataramani said discussions on amendments to the Motor Vehicles (MV) Act, 1988 were nearing completion. He said the proposed amendments were likely to be tabled in the winter session of Parliament and hence the court decided to take the matter forward. The Supreme Court is considering the legal question of whether light motor vehicle (LMV) driving license holders are entitled to drive transport vehicles weighing not more than 7,500 kilograms.
This question will be asked on March 8, 2022.
The proposal was sent to the Constitution Bench on behalf of members of the bench, including Justice UU Lalit (now retired). This issue was raised in the Supreme Court case of Mukund Dewangan v. Oriental Insurance Company in 2017. In the Mukund Dewangan case, the court stated that transport vehicles weighing not more than 7,500 kg are not excluded from the definition of LMV. While hearing the case, a five-judge bench said the government had made some changes in the rules to be consistent with the 2017 decision. It is important to know if the government wants to change the law?
Understanding the social impact of the law is important – SC
Attorney General R. appeared on behalf of the Central Government. Venkataramani said the Motor Vehicles Act, 1988 has proposed many changes. They can be raised at the winter session of Parliament. In response, the court said that tens of thousands of drivers in the country are working under the Dewanan decision. It’s not just a legal issue here. It is also important to understand the social impact of the law so that people do not face difficulties.
Main petition filed on behalf of Bajaj Allianz
The decision has been accepted by the central government and the Motor Vehicles Act rules have been amended in accordance with the decision. On July 18, the Constitutional Court began hearing 76 petitions on this legal issue. The main petition was filed on behalf of Bajaj Allianz General Insurance Company Limited. The Motor Vehicles Act provides for the issuance of different licenses for different types of vehicles. It was alleged that Mukund Dewangan’s ruling did not take into account some provisions of law while referring the case to a larger bench, necessitating reconsideration of the dispute.
