Supreme Court asks Central government to review policy which allows LMV license holders to drive transport vehicles upto 7,500 kg

The Supreme Court on Wednesday asked the Central government to review its policy on whether a person holding a driving licence for light motor vehicles (LMV) is legally entitled to drive a transport vehicle upto 7,500 kg in weight. [M/s Bajaj Alliance General Insurance Co Ltd v. Rambha Devi & Ors].A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra noted that any interpretation of the law must duly take into account valid concerns of road safety and the safety of other users of public transport.It added that there has been a rapid evolution of the transport sector owing to developments in the commercial sector and private transport arrangements. "It would be necessary for this Court to have a fresh look at the matter by the Ministry of Road Transport and Highways...Decision in this case must await policy considerations and if a change in law is needed and to mull over the way ahead...we hold that the matter needs to be taken up at policy level by the government and once the government informs its stand to the Court, the hearing in the Constitution Bench will thereafter be taken up. We request the Union to wrap up the exercise within 2 months and apprise the court. We have expressed nothing on the merits of the referral order," the Court said..The Bench was hearing a case in which the question of law is:"Whether a person holding a driving licence in respect of “light motor vehicle”, could on the strength of that licence, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg?"The question was referred to a Constitution Bench as there were some variances in terms of the eligibility to get a license under the two categories, as per different provisions of the Motor Vechicles Act.The Constitution Bench is hearing 76 petitions in the matter..The Court was informed in July this year that the views of the Union Ministry of Road Transport and Highways would have to be heard since the Supreme Court judgment of 2017 in the case of Mukund Dewangan was accepted by the Central government.In the Mukund Dewangan case, a three-judge Bench of the top court had held that transport vehicles, the gross weight of which do not exceed 7,500 kg, are not excluded from the definition of LMV. The Bench had thus sought the views of the Central government and the assistance of Attorney General R Venkataramani in the matter..During today's hearing, the Bench observed that any change in terms of the policy laid out in the Devangan decision would have major implications."The decision in the Devangan case has held the field for 6 years and the impact of reversal of this decision on the social sector would have to be placed in balance by the policy arm of the government, and any change in position of law as in Devangan would have impact on ones who have taken insurance and who may be driving commercial vehicles along with LMV and large number must be dependent on this sector to earn their livelihood. All these concerns raise important issues of policy, and thus must be assessed by the Centre if a change in law is warranted."Justice Roy at today's hearing said that a large number of people were already driving commercial vehicles."Look at the livelihood issue. Look at the absolving of responsibility. For the country these implications should have a consideration," he said..CJI Chandrachud opined that the case did not involve a constitutional question but a statutory one."If you feel the Devangan judgment is wrong, then of course you can bring in an amendment to take away the basis, this will not cause hardships to existing compensation claims...This is not just a question of law, but also social impact of law. Road safety has to be balanced with the social purpose of the law and you have to see if this causes serious hardships. We cannot decide issues of social policy in a Constitution Bench... This has to be done at a policy level...It is better these issues are sorted by the government at the policy level rather than us deciding it in this Court," the CJI said. The Bench eventually proceeded to give the Central government two months to place its stand on record.