An LMV licence authorises driving a transport vehicle with gross vehicle weight below 7,500 kg.

The appeals challenged the Motor Accident Claims Tribunal, Rajpipla’s award of ₹7,73,000 with 9% interest arising from the death of Pratik Chetanbhai Gamit in a collision between a motorcycle and a Mahindra pickup van on 19 December 2010.

The Tribunal found the pickup driver solely negligent and held the opponents jointly and severally liable.

The insurer argued that the driver lacked the required endorsement to drive a transport vehicle and that the deceased was contributorily negligent.

The vehicle owner also appealed.

Whether a driver holding an LMV licence required an additional transport-vehicle endorsement to drive the Mahindra pickup van.

Whether the deceased was contributorily negligent in causing the accident.

Under Sections 2(21), 3(1) and 10(2) of the Motor Vehicles Act, as interpreted in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi & Ors., 2025 (3) SCC 95, an LMV licence covers a transport vehicle with gross vehicle weight not exceeding 7,500 kg; a separate transport-vehicle authorisation is not required for such a vehicle, subject to specified statutory exceptions.

The Court also relied on Sadnaben wd/o Damabhai Rajubhai Kanskivala v. Vishnubhai Chhaganbhai Prajapati, First Appeal No. 776 of 2016, which applied that rule.

On negligence, the Tribunal may assess the evidence on record and draw an adverse inference where the driver—whose testimony could address the accident—does not testify.

The RC book showed that the pickup van’s unladen weight was below 7,500 kg.

Applying Rambha Devi, the Court held that the LMV-licence/transport-endorsement objection did not establish a breach of policy terms.

On contributory negligence, the pickup driver did not testify or contest the claim, and the insurer did not secure his presence; the FIR and charge-sheet were also against that driver.

The Court therefore upheld the Tribunal’s negligence finding on the evidence before it.

It directed the Tribunal to disburse the awarded amount, with accrued interest, to the claimant after verification and deduction of any unpaid court fees.