Rajasthan High Court Relies On ‘Mukund Dewangan’ Decision: Driver With Licence Can Drive Transport Vehicle Weighing Less Than 7500 KG

The Rajasthan High Court in the case Shriram General Insurance Co. Ltd. v. Manohar Kanwar And Ors observed and has reiterated that a person who is holding the license to drive Light Motor Vehicle (LMV) is being permitted to drive ‘Transport Vehicle’ in terms of the ratio which is being laid down by the Top Court in the case Mukund Dewangan v. Oriental Insurance Company Limited.The Supreme Court in the case Mukun Dewangan (supra), wherein a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not exceed 7,500 kg, and the same is not excluded from the definition of LMV. The decision was recently doubted by another 3-judge bench and the court referred the issue to a larger bench for further consideration. It being upon the court to decide as to weather or not Light Motor Vehicle (LMV) driving licence holders wherein the court requires a separate endorsement for driving transport vehicles carrying up to 7,500 kilograms, the said case is to be decided by the larger bench.
In the present case, an order has been passed by the Motor Accident Claims Tribunal wherein allowing the claims of Rs.4,33,000/- and Rs.52,600/- in favour of the claimants respectively. Therefore, the said Tribunal applied the principle of ‘pay and recover’ in view of breach of policy as the driver was driving a ‘Transport Vehicle’ whereas he was having a Driving Licence of LMV. Therefore, the Cross-objections has been filed by the owner of the vehicle wherein it is stated that the vehicle in question being insured and the Insurance Company is solely responsible to pay the compensation amount. The single judge bench headed by Justice Rekha Borana in the case observed and has relied upon Mukund Dewangan (supra) held that the appellant-Insurance Company would be liable to pay the compensation in terms of the award to the claimants as the transport vehicle of which gross vehicle weight does not exceed 7500 kg and the same would be covered under the definition of LMV.The said court also modified the impugned award to the extent that the Insurance Company would not be entitled for recovering the amount of compensation from the owner after paying the same to the claimants. Accordingly, the said court also did not interfere with the quantum of the
computation.