Holder Of ‘Light Motor Vehicle’ Driving License Is Competent To Drive Transport Vehicle Of Such Class: Rajasthan HC
The Rajasthan High Court while rejecting the Appeal of Insurance Company noted that holders of ‘Light Motor Vehicle’ driving licence are competent to drive transport vehicles, omnibus, tractors or road rollers unladen weight of which does not exceed 7500 Kgs.
The Court was hearing an instant Miscellaneous Appeal against the Judgment & Award passed by the learned Commissioner, Workmen Compensation in Claim Case where an amount of Rs.4.52L with 12% interest was awarded in the favour of claimants.
The bench of Justice Nupur Bhati relied on the decision in Mukund Dewangan vs. Oriental Insurance Company Ltd. reported in (2017) 14 SCC 663 where according to the Court Supreme Court observed, “there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive a transport vehicle of such class without endorsement to that effect.”
Advocate Anil Kaushik appeared for the Appellant and Advocate Tamanna K Trivedi appeared for the Respondent.
Brief Facts-
It is the case of the claimants/respondents that Ram Lal was transporting wheat bags in a Mahindra Pickup Van when the vehicle lost balance due to roadwork on the Highway due to which the vehicle overturned. Ram Lal sustained severe injuries and later died en route to the Hospital. His family filed for compensation under the Workman Compensation Act, of 1923, alleging that Ram Lal was employed as a Khalasi on the insured vehicle.
The insurance company contended that the vehicle in question was a transport vehicle, however, the driver of the vehicle had the licence to ply Light Motor Vehicle (‘LMV’) only therefore, there was a breach of conditions of the policy as the driver of the offending vehicle was not having the valid and effective licence to ply the vehicle in question.
The Court said that the controversy which is raised by the Insurance Company in this appeal is no longer res integra and went on to mention the Supreme Court decision in the case of Mukund Dewangan vs. Oriental Insurance Company Ltd. reported in (2017) 14 SCC 663 and quoted, “A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, ‘unladen weight’ of which does not exceed 7500 kg. and holder of a driving licence to drive class of “light motor vehicle” as provided in section 10(2) (d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the “unladen weight” of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under section 10(2) (d) continues to be valid after Amendment Act 54 of 1994 and 28-3-2001 in the form.”
Accordingly, the Court found no merit in the Appeal.
Finally, the Court rejected the instant Appeal.
Note: On August 21, 2024 the constitution bench of the Supreme Court led by CJI DY Chandrachud heard the issue of whether a person holding a ‘Light Motor Vehicle’ driving license can drive transport vehicle having unladen weight below 7500 Kgs.
Cause Title: United India Insurance Co. Ltd. v. Madni Bai (Neutral Citation: 2024:RJ-JD:33156)
