Gujarat HC Upholds ₹9.48 Lakh Compensation, Says LMV Licence Covers Goods Vehicles Weighing Up To 7,500 Kg
Summarized by AI; it may make mistakes. Check important info
Summarized by AI; it may make mistakes. Check important info
The Gujarat High Court has dismissed an insurance company’s appeal against a Motor Accident Claims Tribunal (MACT) award of ₹9.48 lakh, along with 9% annual interest, to the parents of a youth killed in a road accident in Ahmedabad in 2012.
Upholding the compensation award, the single-judge bench ruled that a driver holding a valid Light Motor Vehicle (LMV) non-transport licence can legally drive a light goods vehicle weighing up to 7,500 kg without requiring a separate transport endorsement.
The court noted that the vehicle’s gross weight did not exceed the prescribed 7,500 kg limit and that the driver held a valid LMV non-transport licence, effective from 2005 to 2029.
Dismissing the insurance company’s appeal as devoid of merit, the High Court upheld the joint and several liability of the opponents, providing relief to the deceased’s parents.
Insurance Company Challenged Driver’s Licence
The insurance company had challenged the MACT’s 2018 judgment on the ground that the truck driver did not possess a valid transport vehicle endorsement on the date of the accident.
It argued that the absence of such an endorsement affected the validity of the driver’s licence to operate the goods vehicle.
However, the High Court rejected the contention, holding that a separate transport endorsement was not required when the light goods vehicle’s gross weight was within the 7,500 kg limit and the driver possessed a valid LMV licence.
2012 Accident Near Sardarnagar
The case arose from a fatal accident on May 29, 2012, near Sardarnagar in Ahmedabad.
A milk van truck travelling from the opposite direction allegedly came onto the wrong side of the road and collided with a motorcycle carrying young Shekhar Harishkumar Anand as a pillion rider.
Anand sustained serious head injuries in the collision and died while being taken to hospital.
Following his death, his parents approached the Motor Accident Claims Tribunal seeking compensation.
The MACT awarded ₹9.48 lakh with 9% annual interest in 2018. The insurance company subsequently challenged the award before the Gujarat High Court, primarily questioning the truck driver's eligibility to drive the vehicle.
With the High Court dismissing the appeal, the compensation award and the opponents’ joint and several liability have been upheld.
