No Data Produced To Show Road Accidents Increase Due To LMV License Holders Driving Light Transport Vehicles : Supreme Court

In the judgment allowing holders of driving licenses for Light Motor Vehicles (LMV) to drive transport vehicles belonging to LMV category(which weigh less than 7500 kilograms), the Supreme Court observed that no data was produced before it to show that road accidents increased due to such drivings.

A 5-judge bench comprising Chief Justice of India DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra was hearing a reference against its 2017 judgment in Mukund Dewangan which allowed LMV license holders to drive light transport vehicles.

During the hearing, an argument was raised by certain parties that allowing such rights to LMV license holders will cause road accidents. Rejecting this argument, the Court observed, "No empirical data has been produced before us to show that road accidents in India have increased as a direct result of drivers with LMV license, plying a transport vehicle of LMV class of vehicles whose gross weight is within 7500 Kg."

"Road safety is indeed an important objective of the MV Act but our reasoning must not be founded on unverified assumptions without any empirical data. The dangers of reasoning without empirical data and beyond the statutory scheme of the Act must be avoided," the judgment authored by Justice Roy stated.

"The causes of such accidents are diverse, and assumptions that they stem from drivers operating light transport vehicles with an LMV license are unsubstantiated," the judgment stated.

The Court pointed out that factors contributing to road accidents include careless driving, speeding, poor road design, and failure to adhere to traffic laws. Other significant contributors are mobile phone usage, fatigue, and non-compliance with seat belt or helmet regulations.

"Driving a motor vehicle is a complex task requiring both practical skills and theoretical knowledge. Safe driving involves not only technical vehicle control but also proficiency in various road conditions, including managing speed , turns, and spatial awareness relative to other vehicles. Additionally, handling road gradients demands skill, particularly with brakes and maneuvering. Effective driving requires awareness of road signs, adherence to traffic rules, and a focus on the road free from distractions. The core skills expected of all drivers apply universally, regardless of whether the vehicle falls into transport or non-transport categories," the Court said.

The Court added, "It is the considered opinion of this Court that if the gross vehicle weight is within 7,500 kg - the quintessential common man's driver Sri, with LMV license, can also drive a “Transport Vehicle”. We are able to reach such a conclusion as none of the parties in this case has produced any empirical data to demonstrate that the LMV driving licence holder, driving a 'Transport Vehicle', is a significant cause for road accidents in India."

Case Details : M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI & ORS. | Civil Appeal No(s).841/2018