Facts
The claimants (Respondent Nos. 1 and 2) filed a claim petition following a motor accident on October 21, 2022, where a truck (UK-07 CB-2424) hit a motorcycle, resulting in the death of Ravindra and injuries to Pooja
Source reference: p. 1-2The Motor Accident Claims Tribunal (MACT), Tehri Garhwal, vide order dated December 12, 2024, held the truck driver negligent and awarded Rs. 18,47,860/- compensation to the claimants
Source reference: p. 1, 4The appellant Insurance Company challenged the award primarily on the ground that the driver lacked a specific "transport vehicle" endorsement on his driving license
Source reference: p. 4, 5Issues
1. Whether the accident occurred due to the rash and negligent driving of the truck driver.
Source reference: para. 9(i)2. Whether the truck driver held a valid and effective driving license at the time of the accident, specifically considering the lack of a transport vehicle endorsement for a Light Motor Vehicle (LMV).
Source reference: para. 9(iii) / para. 11Law Applied
The Court primarily applied Section 2(21) of the Motor Vehicles Act, 1988, which defines "light motor vehicle" as a transport vehicle or omnibus with a gross weight not exceeding 7500 kg
Source reference: para. 13The Court relied on the Constitution Bench precedent of the Supreme Court of India in Bajaj Alliance General Insurance Company Limited v. Rambha Devi and others (2025) 3 SCC 95, which established that a person holding an LMV license under Section 10(2)(d) is permitted to operate a "transport vehicle" of the same weight class without requiring a specific endorsement under Section 10(2)(e)
Source reference: para. 11, 14Reasoning
The Court noted that the appellant’s sole substantive ground for appeal was the absence of a "transport" endorsement on the driver’s license
Source reference: para. 11, 15the Court observed that under the statutory definition of Section 2(21), the truck in question fell within the LMV category as its weight did not exceed 7500 kg
Source reference: para. 13-14Applying the ratio of Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi, the Court reasoned that for licensing purposes, LMVs and transport vehicles are not entirely separate classes and an overlap exists
Source reference: para. 14Consequently, the driver’s existing LMV license was legally sufficient to operate the transport vehicle in question, rendering the Insurance Company’s objection regarding the invalidity of the license unsustainable in law
Source reference: para. 15-16Holding
The Court answered the issues in the affirmative regarding the validity of the license, holding that no additional authorization is required for an LMV license holder to drive a transport vehicle within the prescribed weight limit
The High Court found no reason to interfere with the Tribunal’s judgment and dismissed the appeal
Source reference: para. 16-17The compensation awarded by the MACT was upheld
Source reference: p. 1Original Court PDF
THE NEW INDIA ASSURANCE COMPANYvsPOOJA
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