Introduction:

In the case of Sivasankaran v. Rejin and Others (MACA No. 521 of 2019), the Kerala High Court addressed a pivotal issue concerning the validity of a Light Motor Vehicle (LMV) licence for driving an auto rickshaw. The appellant, Sivasankaran, challenged the Motor Accidents Claims Tribunal’s (MACT) decision permitting the insurance company to recover the compensation amount from him, arguing that the driver possessed a valid LMV licence at the time of the accident.

Arguments:

Appellant’s Arguments:

Sivasankaran contended that the driver of the auto rickshaw held a valid LMV licence, which, according to the Supreme Court’s decision in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi, sufficed for operating transport vehicles with an unladen weight not exceeding 7500 kg. He emphasized that the auto rickshaw fell within this category, and thus, there was no violation of policy conditions.

Respondent’s Arguments:

The insurance company argued that the Bajaj Alliance ruling should not apply retrospectively and that the driver lacked the necessary endorsement to operate a transport vehicle. They maintained that the MACT’s decision to allow recovery was justified due to the absence of a specific transport vehicle endorsement on the driver’s licence.

Court’s Judgment:

Justice Johnson John, presiding over the Kerala High Court, referred to the Supreme Court’s ruling in Kanishk Sinha and Another v. State of West Bengal and Another, which clarified that unless explicitly stated, Supreme Court judgments are retrospective. Consequently, the Bajaj Alliance decision applied to the present case. The Court observed that the auto rickshaw, being within the LMV category, did not require a separate transport vehicle endorsement. Therefore, the MACT’s direction permitting the insurance company to recover the compensation from the appellant was set aside.

Conclusion:

In conclusion, the Kerala High Court’s decision reinforces the principle that LMV licence holders are authorized to drive transport vehicles within the specified weight limit, aligning with the Supreme Court’s retrospective application of the Bajaj Alliance ruling. This judgment provides clarity and relief to numerous drivers and vehicle owners, ensuring that valid LMV licences are recognized for operating certain transport vehicles without necessitating additional endorsements.