Insurance companies cannot deny insurance claims on the basis of LMV license.
Abhimanoj
In the year 2017, in the case Mukund Dewangan vs. Oriental Insurance Company Limited, a three-judge bench of the Supreme Court had said that transport vehicles whose total weight is less than 7,500 kg cannot be excluded from the definition of light motor vehicle.
If reports are to be believed… After this, a large number of insurance claims started, against which insurance companies had filed petitions.
But…. Now light motor vehicle license holders will also be able to drive commercial vehicles up to 7500 kg.
The news is that… In this context, the Supreme Court, while giving its verdict on 6 November 2024, said that – Insurance companies cannot refuse insurance claims on the basis of light motor vehicle license.
Giving this decision, the bench of five judges headed by the Chief Justice unanimously said that the licensing authority should follow the rules while giving the driving license, because here it is not only a question of law, it is also important to understand the social impact of the law, so that People should not face difficulties.
In this case, the Supreme Court says that – Lakhs of people are earning employment by driving such transport vehicles, whose weight is less than 7500 kg, drivers holding LMV license spend most of their time driving.
Not only this, in this case the insurance companies have also failed to show that accidents are occurring due to drivers holding LMV license driving heavy commercial vehicles.
In this case, the court said that – Road safety is a serious matter for the whole world, last year in India alone 1.7 lakh people died in road accidents, but it cannot be said that only drivers holding LMV license are responsible for this. There are many reasons like use of mobile phone during driving, intoxication, non-compliance of seat belt, helmet etc. due to which road accidents occur, hence… It is not correct to differentiate between private or commercial vehicles weighing up to 7500 kg. Yes, there should be a rule of special license for vehicles weighing more than this.
Not only this, the licensing authority must strictly follow every rule while granting a driving license.
Source : palpalindia
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