An LMV licence authorizes driving transport vehicles with an unladen weight up to 7,500 kg.

The appeals arose from a road accident on 18 January 2021 involving a Maxi Cab driven by Vivek R.

One appeal was brought by Velaythan Krishnan, who sustained fractures to both bones of his left wrist; the connected appeal was brought by the deceased Ammasai Rangasamy’s two sons and daughter

The Motor Accident Claims Tribunal awarded Krishnan ₹83,000 and the deceased’s claimants ₹4,53,000, but exonerated the insurer on the ground that the driver lacked a valid licence to drive a transport vehicle

The claimants appealed, challenging the insurer’s exoneration and seeking enhanced compensation

The judgment identifies the connected death claim principally as MVC No. 138/2021, though an introductory passage refers to MVC No. 130/2021

Whether the Tribunal erred in exonerating the insurer on the ground that the driver did not hold a valid driving licence on the date of the accident

Whether the compensation awarded in MVC No. 139/2021 for Krishnan’s injuries should be enhanced

Whether the compensation awarded in the connected death claim should be enhanced

Under Section 173(1) of the Motor Vehicles Act, an aggrieved party may appeal against a Claims Tribunal’s award

Relying on Bajaj Alliance Insurance Company Ltd. v. Ramba Devi and Ors., 2025 (3) SCC 95, the Court applied the rule that a person holding a licence to drive a light motor vehicle may drive a transport vehicle whose unladen weight does not exceed 7,500 kg

The Court also applied the compensation principles reflected in its assessment of disability-related future loss, pain and suffering, loss of amenities and laid-up-period income, and its award of consortium to each of the deceased’s three children

The driver held a valid LMV-TR licence, and the Maxi Cab’s unladen weight was 1,840 kg—below the 7,500 kg limit. Applying Bajaj Alliance, the Court held that the licence was sufficient and that the insurer could not be exonerated on that ground

For Krishnan, the Court adopted a monthly notional income of ₹15,000, retained the Tribunal’s 10% disability assessment and multiplier of five, and recalculated future loss at ₹90,000. It also increased pain-and-suffering compensation to ₹60,000, awarded ₹50,000 for loss of amenities and ₹30,000 for two months’ lost income, bringing total compensation to ₹2,35,000

For the death claim, it awarded consortium of ₹44,000 to each of the three children, or ₹1,32,000 in total

The operative order grants Krishnan enhanced compensation of ₹1,52,000 and the deceased’s claimants enhanced compensation of ₹1,32,000, each with interest at 6% per annum from the date of petition until realization; the insurer was directed to deposit the amounts within six weeks, and the claimants were permitted to withdraw the entire enhanced compensation

The judgment contains an apparent inconsistency regarding Krishnan’s enhancement: the compensation total of ₹2,35,000 less the Tribunal’s award of ₹83,000 yields ₹1,52,000, as stated in the operative order, but paragraph 13 describes the enhancement as ₹1,32,000