LMV Driving Licence & Transport Vehicle – Review of 2017 Judgment of the Supreme Court to consider consequences and social issues

Order dated    13.9.2023 of the Supreme Court of India – Important issue if a person holding driving licence of LMV can drive “transport vehicle” of LMV class having unladen weight not exceeding 7500 kgs, “without a separate vehicle licence”.

The issue was dealt by the Bench of three-Judges in Mukund Dewangan Vs. Oriental Insurance Company Limited reported in 2017 (14) SCC 663

Thereafter, by the order dated 8.3.2022, the issue of interpretation was referred to the Constitution of India.

In the case of Mukund Dewangan case decided in 2017, the Supreme Court permits LMV licence holder to drive a transport vehicle without specific endorsement.

The Insurance Companies had sought review of this judgment.

The Solicitor General of India has sought review of the said judgment on certain points and some of them were reported at that time.

To my mind, the following points are important and go to the root of the matter.   The Central Government should also consider these points

(i)  the licence regime for licences in respect of LMV and Transport vehicles under the MV Act is separate and different.

(ii)    to carry passengers in the transport vehicle, greater check is required and such a check cannot change because the weight of such transport vehicle is less than 7,500 kg

(iii)    2017 Judgment of the SC permits LMV licence holder to drive transport vehicle posing risk to lives to thousands of people.  For example, an autorickshaw driver can drive road-roller or bus or goods carriage.

Now, in view of the recent order, the Centre is to consider the pros and cons of 2017 judgment on many grounds including main grounds –

Public safety Vs Impact on livelihood

Civil Appeal No. 841 of 2018 – M/s. Bajaj Alliance General Insurance Co Ltd Vs. Rambha Devi and others with connected matters.