The Supreme Court docket on Wednesday held that an individual holding a driving licence for a light-weight motorcar (LMV) will now be capable to drive a transport car weighing lower than 7,500 kg.
The choice by a five-judge Structure bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud got here on a clutch of petitions filed by insurance coverage firms difficult a 2017 determination by a three-judge bench which made it potential for LMV license holders to drive transport automobiles.
The insurance coverage corporations claimed that the choice required to be reversed as it might permit an individual with LMV license to drive a bus, truck or a highway curler, jeopardising the lives of residents and rising the burden on insurance coverage firms to pay compensation.
The bench, additionally comprising justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra mentioned, “Highway security is a critical public concern” because it famous that in 2023 alone, highway accidents claimed over 1.7 million lives.
“Events haven’t introduced any empirical information that LMV license holder driving transport automobiles had been inflicting accidents”, the bench mentioned.
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Appearing on the appeals by upholding its 2017 determination in Mukund Dewangan case, the courtroom mentioned that for licensing objective, LMV and transport automobiles should not separate classes.
It added that the extra coaching and eligibility standards specified underneath Motor Automobiles Act (MV Act) will apply to individuals who want to drive transport automobiles exceeding 7,500 kg. These will embrace medium items and passenger automobiles and heavy items and passenger automobiles.
The highest courtroom thought-about the difficulty of livelihoods because it mentioned that the 2017 determination allowed a driver of a standard man to even drive a transport car. As this concerned the livelihood of those drivers, the courtroom had, through the proceedings, requested the Centre to contemplate a method out by bringing amendments to the regulation.
Legal professional Basic R Venkataramani had knowledgeable the courtroom that the amendments are but to be finalised as the identical is pending with the ministry of highway transport and highways (MoRTH) piloting the amendments.
The bench didn’t remark something on the mentioned course of because the AG had assured the courtroom that the amendments can be notified in the end.
“We hope the excellent amendments will handle the difficulty”, the bench mentioned.
The insurance coverage firms submitted that the 2017 determination had critical implications for highway security as it might allow an auto rickshaw driver to drive a highway curler, a faculty bus or a contract carriage with out going by way of the stringent checks meant for transport car drivers, for whom a rigorous 30-day coaching course is remitted earlier than buying a license.
The bench additionally heard arguments from people who benefited by the 2017 determination because it was identified that non-public automobiles falling within the class of LMV are more and more getting used as cabs and taxis.
