LMV License Valid For Driving Light Goods Vehicle: Gujarat High Court

Holding that a driver possessed of a valid Light Motor Vehicle (LMV) license is competent to operate a Light Goods Vehicle (LGV) without additional transport endorsements, the Gujarat High Court dismissed an insurance company's appeal seeking to evade liability. This decision reinforces the settled law that the nature of the license is determined by the gross vehicle weight rather than the specific transport classification of the vehicle.

A Single Judge Bench of Hon'ble Mr. Justice L. S. Pirzada adjudicated the matter, which arose from a challenge by the insurer against a Motor Accident Claims Tribunal (MACT) award. The appellant insurance company contended that the driver of the offending milk van was not holding a valid transport license at the time of the fatal accident, thereby committing a breach of the insurance policy conditions.

Key Takeaways

Overlapping Licensing Categories

LMVs and Transport Vehicles are not entirely separate classes under the Motor Vehicles Act, 1988; an overlap exists for vehicles with gross weight under 7,500 kg.

No Specific Endorsement Required

A driver holding an LMV license under Section 10(2)(d) is permitted to operate a 'Transport Vehicle' without additional authorization under Section 10(2)(e).

Validity Determined by Weight

The special eligibility criteria for transport vehicles apply only to those exceeding a gross vehicle weight of 7,500 kg, such as heavy goods or passenger vehicles.

Insurer Liability Confirmed

Insurance companies cannot deny claims solely on the grounds of missing transport endorsements if the driver holds a valid LMV license and the vehicle weight is within the 7,500 kg threshold.

Court's Findings on Driver Licensing

The Court noted that the driver possessed a non-transport LMV license valid from 2005 to 2029, while the specific transport endorsement had expired shortly before the accident and was renewed much later. However, relying on the class of the vehicle, the Court found that the offending truck was a Light Goods Vehicle (LGV) with a gross weight not exceeding 7,500 kg.

The Court, in its reasoning, observed: "A holder of a driving licence to drive a light motor vehicle, as provided under Section 10(2)(d) of the Act, is competent to drive a transport vehicle or omnibus having a 'gross vehicle weight' not exceeding 7,500 kg... The decision in Mukund Dewangan v. Oriental Insurance Company Limited is upheld... In the absence of any obtrusive omission, the decision is not per incuriam."

The Court has the following directions:

"a. The present First Appeal No. 1696 of 2019 is hereby dismissed.

b. The judgment and award dated 28.12.2018 passed by the learned Judge, CBI Court No. 5, Mirzapur, Ahmedabad, in MACP No. 449 of 2012 is hereby confirmed.

c. In view of the dismissal of the First Appeal, Civil Application No. 1 of 2023 also stands disposed of accordingly.

d. Record and Proceedings (R & P), if any, be sent back to the concerned Tribunal forthwith."

Ratio

A driver holding a license for the Light Motor Vehicle (LMV) class, under Section 10(2)(d) of the Motor Vehicles Act, 1988 for vehicles with a gross vehicle weight under 7,500 kg, is legally permitted to operate a 'Transport Vehicle' without needing additional authorization under Section 10(2)(e). The definition of LMV in Section 2(21) encompasses transport vehicles within the specified weight limit.

Background

The case originated from a fatal road accident on May 29, 2012, involving a motorcycle and a milk van (truck). The deceased, a pillion rider, succumbed to grievous injuries after the truck, allegedly driven in a rash and negligent manner on the wrong side of the road, collided with the motorcycle. The parents of the deceased filed a claim petition under Section 173 of the Motor Vehicles Act, 1988.

The Tribunal originally awarded Rs. 9,48,000/- to the claimants, directing the insurance company and the owners to pay jointly and severally. The insurance company appealed, primarily arguing that the driver's transport license was not valid on the date of the accident. The High Court, applying the principles laid down in Mukund Dewangan v. Oriental Insurance Company Limited and Bajaj Allianz General Insurance Company Limited v. Rambha Devi and Others, concluded that since the vehicle was an LGV under 7,500 kg, the LMV license held by the driver was sufficient and valid, thus dismissing the appeal.

Case Details:
Case No.: R/FIRST APPEAL NO. 1696 of 2019
Neutral Citation: 2026:GUJHC:68960
Case Title: Oriental Insurance Company Ltd Versus Jitendraji Manuji Chavda & Ors.
Appearances:
For the Petitioner(s): Ms Masumi V Nanavaty With Mr Vibhuti Nanavati
For the Respondent(s): Ms Spruha Joshi For Mr Tirth Nayak

Source: 2026 CaseBase(GUJ) 31964