The High Court of Jammu & Kashmir and Ladakh ruled that a valid licence to drive a “transport vehicle” covers both heavy goods vehicles and passenger carrying vehicles. Justice Mohammad Yousuf Wani clarified that after the 1994 amendment to the Motor Vehicles Act, 1988, all commercial vehicles fall under one category, “transport vehicle”, eliminating the need for a separate Public Service Vehicle (PSV) endorsement. The judgment came in an appeal by National Insurance Company Ltd., which challenged a Motor Accident Claims Tribunal (MACT) award. The insurer argued the driver was only licensed for heavy goods vehicles, not passenger vehicles. The Court rejected this claim, citing Sections 2 and 10 of the Act, and emphasized that one licence suffices for all commercial vehicles post-1994. Justice Wani also dismissed reliance on an older 2012 judgment as per incuriam and upheld the MACT’s decision, including the 7.5% interest rate on compensation.
Supporting past precedents, the Court confirmed that a transport vehicle licence is sufficient for both goods and passenger vehicles. The appeal was dismissed as meritless, reinforcing that no separate PSV endorsement is needed for commercial drivers.
