New Delhi:
Is an individual holding a driving license for Gentle Motor Automobile (LMV) additionally entitled to drive a transport car weighing lower than 7,500 kg? The Structure bench of 5 judges within the Supreme Court docket will give its verdict right this moment at 10.30 am. The bench headed by Chief Justice DY Chandrachud will give the decision.
In truth, this authorized query had given rise to numerous controversies relating to the cost of claims by insurance coverage firms in accident circumstances involving the transport automobiles of LMV licensees. Insurance coverage firms allege that the Motor Accident Claims Tribunal and courts are passing orders to make them pay insurance coverage claims, ignoring their objections relating to gentle motorcar driving licenses. Insurance coverage firms have stated that the courts are taking a stance in favor of the insured whereas deciding insurance coverage declare disputes.
The authorized query earlier than the Court docket is, ‘Whether or not a holder of an LMV driving license might be entitled, on the idea of that licence, to drive a transport car belonging to the sunshine motorcar class, the gross mass of which doesn’t exceed 7,500 kg.
This query was requested by former Supreme Court docket decide Justice U. You. A 3-judge bench headed by Lalit had despatched it to a bigger bench on March 8, 2022. This query arose from the Supreme Court docket’s 2017 determination within the case of Mukund Dewangan vs. Oriental Insurance coverage Firm Restricted.
Within the Mukund Dewangan case, the Supreme Court docket had held that such transport automobiles whose gross weight doesn’t exceed 7,500 kg will not be outdoors the definition of LMV. This determination was accepted by the Middle and the foundations have been amended in keeping with the choice.
On July 18 final 12 months, the Structure Bench began listening to a complete of 76 petitions to cope with this authorized query. The primary petition was filed by M/s Bajaj Allianz Common Insurance coverage Firm Restricted.
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