Motor Vehicles Act S. 173(1) – LMV license allows driving vehicles, including bulldozers, under 7,500 kg –  Insurer failed to prove the bulldozer’s weight exceeded 7,500 kg – Construction equipment vehicles are non-transport vehicles –  Insurers cannot deny liability on technical grounds.[#ID 425761]

KUMAR OMKAR S/O. SOMANATH BASHETTI v. P.B. IBRAHIM, 2024 PLRonline 0006 (Kar.) , (2024-2)214 PLR 170 (Kar.) (SN) , [#ID 425761]

motor vehicles act, 1988 (IV of 1988) Section 10(2)(j) and 173(1) – Central Motor Vehicle Rules, 1989 Rule 2(cab) – Driving licence – Bulldozer – Licence to drive a light motor vehicle if its unladen weight is less than 7,500 kgs – Can drive a bulldozer (construction equipment vehicle)  – A person authorised to drive light motor vehicle can drive any type of motor vehicle, unladen weight of which is less than 7,500 kgs. Respondent – insurer did not lead evidence to show that unladen weight of bulldozer was more than 7,500 kgs – Driver/operator of bulldozer had licence to drive light motor vehicle – A person holding driving licence of a category, can drive different types of the motor vehicles of that category – Construction equipment vehicle is treated as non transport vehicle  – Held, driver had valid licence to drive bulldozer

(ii) Motor Vehicles Act, 1988 (IV of 1988) Section 173(1) – Insurer cannot deny liability on technical grounds regarding driver licenses since the Motor Vehicles Act's compensation provision is a benevolent legislation.