Light Motor Vehicle license holder entitled to drive Transport Vehicle :High Court

Himachal Pradesh High Court decided today to allow Light Motor Vehicle License holders to drive transport vehicles without any requirement for a separate license.

The order was passed by a single bench of  Justice Vivek Singh Thakur on an appeal filed by Oriental Insurance Company, assailing the order passed by the Commissioner  (SDM), Under Workmen Compensation Act, Sarkaghat, District Mandi, H.P. 

The deceased driver Raj Paul died in a  Pickup Jeep accident on 03.12.2003. 

The license of deceased Raj Paul was valid for driving Motorcycle, Scooter as well as Light Motor Vehicle (LMV) Non-Transport only. 

The vehicle involved in the accident is a Goods Carrying Commercial Vehicle but undoubtedly falls in the category of LMV, in terms of the Motor Vehicles Act. 

The Insurance Policy, valid from 06.02.2003 to  05.02.2004, was issued by the appellant Insurance Company in favor of one Sunil Verma. 

The counsel company submitted that the deceased driver Raj Paul and the owner of the vehicle Chander Kumar were not registered for insurance.

The company had rejected the claim of insurance on the ground of not holding h valid for the LMV Transport license.

However, Court held that there is no provision in the M.V. Act to make an endorsement of ‘LMV non-transport. 

There is only one category ie. LMV. The Court held that Workmen Compensation Commissioner has rightly held that the Insurance Company is liable to indemnify the claimants for compensation payable to them as determined by the Workmen Compensation Commissioner.

 The Court found the appeal devoid of merit and dismissed the same.