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M/S Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi

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M/S Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi

This case pertains to the scope of the Light Motor Vehicle (LMV) license and whether it includes license to drive an LMV class transport vehicle of up to 7500 Kilograms.

Petitioners Arguments
Some of the provisions of the Motor Vehicle Act, 1988 including Sections 4(1) , 7 , 14 , Rule 5 and Rules 31(2), 31(3) and 31(4) of the Central Motor Vehicle Rules, 1989 were not considered by the Supreme Court in the judgment of Mukund Dewangan v. Oriental Insurance Company Limited . The petitioners argued that the Section 4(1) of the Motor Vehicle Act, 1988 provides that the minimum age for holding a driving license for a motor vehicle is 18 years. Whereas, Section 4(2) provides that no person under the age of 20 years of age shall drive a transport vehicle in a public place. While, Section 7 of the Motor Vehicle Act, 1988 provides that no person shall be granted a learner’s license to drive a transport vehicle unless he holds a light motor vehicle license for at least one year of time period. There does not seem to be any exception carved out for transport vehicles which come in light motor vehicle category and the provisions contemplate different regimes for those having license for driving Light Motor Vehicles and those licensed to drive transport vehicles. Therefore, the judgment in Mukund Dewangan v. Oriental Insurance Company Limited should be reconsidered.
Responders Arguments
The respondent in this case relied on the judgment of Mukund Dewangan v. Oriental Insurance Company Limited to claim the compensation from the petitioner insurance companies.
Last Listed On
2024-11-06
Start Date
2022-03-08
End Date
2024-11-06
Card Stage Date
2024-11-06
Review Petition No
C.A. No. 841/2018
Case Status
Archive
Bench Status
Constituted
Subject Matter
Civil Law
Comment
NA
Disposal Time
2 years, 7 months, 30 days

5 Judge Bench

Judgment delivered

Consider As Stage Of Pendency
false

Date of institution of case

Date of reference to 5 Judge Bench

Judgement pronounced

In 2017, a three-judge bench of the Supreme Court comprising Justices Amitava Roy, Arun Mishra and Sanjay Kishan Kaul in Mukund Dewangan v. Oriental Insurance Company Limited held that a person holding a driving license in respect of light motor vehicles is entitled to drive a transport vehicle of light motor vehicle class having unladen weight of 7500 Kilograms or less. On 03-05-2018 a two-judge bench in the case of Bajaj Alliance General Insurance v. Rambha Devi referred the matter to a three-judge bench and observed that the decision in Mukund Dewangan ignored certain provisions of the Motor Vehicle Act, 1988 including Sections 4(1) , 7 , 14 , and Rules 5 and 31 of the Central Rules Motor Vehicles Rules, 1989. The three-judge bench in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi noted that the controversial questions need to be revisited and referred the matter to a larger bench.

What is the scope of the Light Motor Vehicle (LMV) license and whether it entitles one to drive a transport vehicle of light motor vehicle class having unladen weight not exceeding 7500 Kilograms?

Sections 2(21) and 10 (2)(d) of the Motor Vehicles Act, 1988

The Court referred to the order dated 03-05-2018 made in Mukund Dewangan v. Oriental Insurance Company Limited and noted that certain provisions including Sections 4(1) , 7 , 14 of the Motor Vehicle Act, 1988 and Rules 5 and 31 of the Central Rules Motor Vehicles Rules, 1989 were ignored and thus deemed it appropriate to refer the matter to a larger bench.

Mukund Dewangan v. Oriental Insurance Company Limited

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SC refers to larger bench matter pertaining to LMV driving licence

SC refers to larger bench matter pertaining to LMV driving licence
Source Of Info
The Print
Date Of Fr
2022-03-12

Does LMV Licence Enable One To Drive Transport Vehicle Weighing Less Than 7500KG? SC 3-Judge Bench Doubts 'Mukund Dewangan' Decision; Refers To Larger

Does LMV Licence Enable One To Drive Transport Vehicle Weighing Less Than 7500KG? SC 3-Judge Bench Doubts 'Mukund Dewangan' Decision; Refers To Larger
Source Of Info
Live Law
Date Of Fr
2022-03-11