In Shriram General Insurance Co. Ltd. v. Manohar Kanwar and Ors, the Rajasthan High Court made the observation and reiteration that a person who holds a license to operate a light motor vehicle (LMV) is allowed to operate a “transport vehicle” in accordance with the ratio established by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited. The Supreme Court concluded that transport vehicles with a gross vehicle weight of little more than 7,500 kg are included in the definition of LMV in the case Mukun Dewangan (above), which was heard by a three-judge bench of the Top Court.
Another 3-judge bench recently questioned the judgment, therefore the court referred the matter to a bigger bench for additional deliberation. The larger bench will rule whether or not holders of Light Motor Vehicle (LMV) driving licenses are eligible for a special endorsement that allows them to operate transport vehicles that can carry up to 7,500 kilos.
In this instance, the Vehicle Accident Claims Tribunal issued an order approving the claimants’ requests for compensation in the amounts of Rs. 4,33,000 and Rs. 52,600, respectively. As a result, the stated Tribunal used the “pay and recover” principle in light of the driver’s violation of policy because he was operating a “Transport Vehicle” when he wasn’t supposed to.
As a result, the owner of the vehicle filed a cross-objection stating that the insurance company is the only party obligated to pay the compensation amount and that the vehicle in question is covered. The case’s single-judge bench, presided over by Justice Rekha Borana, observed and cited Mukund Dewangan (supra), holding that the appellant-insurance company would be required to pay the claimants’ compensation in accordance with the award as the transport vehicle’s gross vehicle weight would fall within the definition of LMV.
