Jammu & Kashmir High Court Rules on Eligibility of Commercial Vehicle Drivers, Dismisses Insurance Appeal

In a recent ruling, the High Court of Jammu & Kashmir and Ladakh has granted a significant boon to the commercial vehicle industry. The court has declared that individuals possessing a driving license for a specific category of commercial vehicle will now be automatically eligible to drive any other type of commercial vehicle, including passenger-carrying vehicles. This ruling, made during an appeal filed by an insurance company, clarifies the licensing requirements and offers relief to businesses operating diverse fleets.

According to the court’s observation, passenger transportation vehicles fall within the definition of ‘transport vehicles’ as outlined in the Motor Vehicles Act of 1988. Consequently, drivers who possess a valid driving license for a particular commercial vehicle category can now operate any other commercial vehicle, broadening their scope and flexibility.

The court’s decision also addresses the concern raised by the insurance company, which argued that the driver involved in the accident did not hold a valid driving license at the time. However, the court concluded that the license held by the driver was indeed valid and effective for operating the offending vehicle, dismissing the insurance company’s claim.

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Furthermore, the court noted that the precedent cited by the insurance company’s counsel is considered “per incuriam,” indicating that it was passed in ignorance of the amended provisions of the Motor Vehicles Act. As a result, the court declared the precedent non-binding, highlighting that a Public Service Vehicle (PSV) endorsement, as per Jammu and Kashmir Motor Vehicle Rules, is not mandatory. The court emphasized that if a driver demonstrates competency in operating a specific class of transport vehicle, they are considered competent to operate any other class of transport vehicle as well.

This ruling will streamline the licensing process for drivers and simplify compliance for businesses operating various types of commercial vehicles. It opens up new opportunities and enables drivers to seamlessly transition between different vehicle categories. The commercial vehicle industry can anticipate positive outcomes and greater operational efficiency as a result of this landmark judgment by the High Court.