VidhiSangh

Supreme Court of India · 06/11/2024

M/S BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD. versus RAMBHA DEVI & ORS.

[2024] 11 S.C.R. 541 · 2024 INSC 840

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Answering a reference, a five-judge Constitution Bench held that a driver holding a Light Motor Vehicle licence under Section 10(2)(d) of the Motor Vehicles Act, 1988 may drive a 'transport vehicle' whose gross vehicle weight does not exceed 7,500 kg without a separate transport-vehicle endorsement. The exhaustive definition of LMV in Section 2(21) includes such vehicles, the second part of Section 3(1) does not override it, and the additional licensing requirements for transport vehicles apply only to medium and heavy vehicles above 7,500 kg. Mukund Dewangan (2017) was upheld as not per incuriam, and Prabhu Lal, Roshanben Rahemansha Fakir and Angad Kol were overruled.

Issues

  1. Whether a holder of an LMV licence under Section 10(2)(d) can drive a transport vehicle of gross vehicle weight not exceeding 7,500 kg without specific authorisation for the 'transport vehicle' class under Section 10(2)(e).
  2. Whether the second part of Section 3(1), requiring the licence to specifically entitle the holder to drive a transport vehicle, overrides the definition of LMV in Section 2(21).
  3. Whether the additional eligibility criteria for transport vehicles in the Act and Rules apply to LMV licence holders driving vehicles below 7,500 kg.
  4. What is the effect of Amendment Act 54 of 1994, which replaced the medium and heavy classes in Section 10(2)(e) to (h) with a single 'transport vehicle' class.
  5. Whether Mukund Dewangan v. Oriental Insurance Co. Ltd. (2017) is per incuriam for not noticing certain provisions of the Act and Rules.

Provisions considered

Held

Result

Reference answered: an LMV licence holder may drive a transport vehicle of gross vehicle weight up to 7,500 kg without a separate endorsement; Mukund Dewangan (2017) upheld. Registry directed to list the matters before the appropriate Bench on the Chief Justice's directions.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 541.