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Supreme Court of India 2024-11-06 partly_allowed

INSURANCE CO. LTD vs RAMBHA DEVI & ORS

Bench: CB — Dhananjaya Y Chandrachud, Hrishikesh Roy, Pamidighantam Sri Narasimha, Pankaj Mithal, Manoj Misra

In Brief

This Constitution Bench judgment addressed whether a driver holding a Light Motor Vehicle (LMV) license can legally operate a Transport Vehicle weighing less than 7,500 kg without specific endorsement. The Court held that the definition of LMV in Section 2(21) of the Motor Vehicles Act, 1988, which explicitly includes transport vehicles below 7,500 kg, must be read harmoniously with licensing provisions. Additional requirements for transport vehicle drivers apply only to vehicles exceeding 7,500 kg. The Court upheld the 2017 decision in Mukund Dewangan (2017), rejecting claims it was per incuriam, and concluded that LMVs and Transport Vehicles overlap rather than being entirely separate classes, thereby resolving a 25-year dispute affecting drivers' livelihoods and insurance liability.

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