The Kerala High Court has held that a person holding a Light Motor Vehicle (LMV) licence is entitled to drive an auto rickshaw, following the Supreme Court’s ruling in Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi.
The court delivered the judgment while hearing an appeal against a Motor Accidents Claims Tribunal (MACT) award that allowed the insurer to recover the compensation from the auto rickshaw owner.
Relying on Kanishk Sinha v. State of West Bengal, the Court ruled that Supreme Court judgments are retrospective unless stated otherwise, and set aside the tribunal's direction allowing recovery by the insurance company.
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