NEW DELHI: In an vital ruling that might ease fee of insurance coverage compensation to street accident victims, the Supreme Court docket on Wednesday mentioned an individual holding a licence to drive mild motor autos (LMVs) can drive all types of transport autos with a gross weight of lower than 7,500 kg with out the transport division’s endorsement.
In circumstances of deaths or accidents to others in accidents involving a transport car pushed by LMV licence holders, insurance coverage firms have been typically denied compensation on the technicality that the licences weren’t suitably stamped by the transport division authorising them to drive transport autos.
Fixing a 25 year-old confusion over driving licence, a bench of Chief Justice D Y Chandrachud, and Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra unanimously dominated that “a driver holding a license for LMV class, beneath Part 10(2)(d) for autos with a gross car weight beneath 7,500 kg, is permitted to function a ‘Transport Car’ without having further authorisation beneath Part 10(2)(e) of the MV Act particularly for the ‘Transport Car’ class.”
The extra endorsement by the transport division can be required if an LMV licence holder intends to drive a medium or heavy transport or passenger car having a gross weight of over 7,500 kg, it mentioned.
Writing the 126-page judgment, Justice Roy mentioned this authoritative pronouncement would “forestall insurance coverage firms from taking a technical plea to defeat a legit declare for compensation involving an insured car weighing under 7,500 kgs pushed by an individual holding a driving license of a LMV class.”
The bench mentioned, “Within the period the place autonomous or driverless autos are not tales of science fiction and app-based platforms are a contemporary actuality, the licencing regime can not stay static. The amendments which have been carried out by the Indian legislature could not have handled all potential considerations.”
“As we have been knowledgeable by the Realized Legal professional Basic {that a} legislative train is underway, we hope {that a} complete modification to handle the statutory lacunae can be made with essential corrective measures,” the bench mentioned.
AG R Venkataramani had knowledgeable the courtroom that a number of amendments to categorise LMVs into totally different lessons is into consideration of the govt.. Justice Roy mentioned, “Had Parliament acted sooner to amend the MV Act and clearly differentiated between lessons, classes and kinds, a lot of the uncertainty surrounding driving licences may have been addressed, lowering the necessity for frequent litigation and an unclear authorized terrain.
