Uttarakhand High Court

LMV License Holder Can Drive Transport Vehicle Under 7500 KG Without Additional Endorsement Summary: The High Court of Uttarakhand dismissed the Insurance Company's appeal, affirming the Motor Accident Claims Tribunal's award. Relying on the Supreme Court's constitution bench ruling in *Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi (2025)*, the Court held that a driver holding a Light Motor Vehicle (LMV) license for vehicles with a gross weight not exceeding 7,500 kg is legally permitted to operate a "transport vehicle" without a specific additional authorization under Section 10(2)(e) of the Motor Vehicles Act, 1988.

THE NEW INDIA ASSURANCE COMPANY vs POOJA

Uttarakhand High CourtJUDGMENT: May 08, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

The 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, 4

The 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, 5
02

Issues

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. 11
03

Law 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. 13

The 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, 14
04

Reasoning

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, 15

the 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. 13-14

Applying 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. 14

Consequently, 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. 15-16
05

Holding

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. 16-17

The compensation awarded by the MACT was upheld

Source reference: p. 1
Uttarakhand High Court

Original Court PDF

THE NEW INDIA ASSURANCE COMPANYvsPOOJA

Uttarakhand High Court · May 08, 2026

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