New Delhi, September 13: The Supreme Court has directed the Union government to consider potential legal changes regarding whether an individual holding a driving license for a light motor vehicle is eligible to operate a transport vehicle of a specific weight. A five-judge constitution bench, led by Chief Justice D Y Chandrachud, emphasized that these are policy matters with significant implications for the livelihoods of thousands and should be addressed at the policy level.
The Supreme Court has asked the government to conclude this review within two months and inform the court of its decision. It stressed that any interpretation of the law must prioritize road safety and the well-being of other users of public transport.
The court had previously sought the input of Attorney General R Venkataramani to address the legal question of whether a person with a driving license for a light motor vehicle can legally operate a transport vehicle of a specific weight.
In the case of Mukund Dewangan vs. Oriental Insurance Company Limited, the Supreme Court had ruled in 2017 that transport vehicles with a gross weight not exceeding 7,500 kg were not excluded from the definition of LMV (light motor vehicle). However, the court noted that the Ministry of Road Transport and Highways’ position on this issue was crucial.
The constitution bench emphasized that this matter pertains to statutory rather than constitutional issues and involves both legal and social impacts. It stated that issues of social policy cannot be resolved by a constitution bench and that road safety must be balanced with the social purpose of the law.
Once the government communicates its stance to the court, the constitution bench will resume its proceedings on this matter. The constitution bench is addressing the legal question of whether an individual with a driving license for an LMV can drive a “transport vehicle of light motor vehicle class” with an unladen weight not exceeding 7,500 kg.
This legal question has led to disputes over insurance claims in accidents involving transport vehicles operated by individuals with LMV licenses. The Motor Vehicle Act has distinct provisions for granting driving licenses for various vehicle categories. The matter was referred to the larger bench on March 8, 2022, by a three-judge bench headed by retired Justice U U Lalit, noting that certain provisions of the law were not considered in the Mukund Dewangan judgment, necessitating a reconsideration of the controversy.
