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

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not. The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited. In Mukun Dewangan a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not exceed 7,500 kg, are not excluded from the definition of LMV. The single judge bench of Justice Rekha Borana while relying upon Mukund Dewangan 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 would be covered under the definition of LMV.