K. K. LAHOTI, J. ( 1 ) APPELLANT who is owner-cum-driver of the vehicle has assailed award dated 18. 11. 1999 passed by Addl. Motor Accidents Claims Tribunal, Mauganj, district Rewa, in Claim Case No. 97 of 1998 by which the Tribunal exonerated insurance company on the ground that on the date of accident, appellant was not having valid licence to drive four-wheeler (light motor vehicle ). ( 2 ) FACTS of the case are that appellant is owner of jeep MKA 494. On the date of accident, viz. , 12. 12. 1988, the appellant was driving the vehicle and dashed to the deceased. In the claim petition, petitioner filed his driving licence, Exh. D1, which was issued for motor cycle (two-wheeler ). Thereafter, concerned R. T. O. by order dated 5. 3. 1990 endorsed that the appellant has been licensed to drive a light motor vehicle w. e. f. 11. 4. 1988. Appellant contested claim petition on the ground that on the date of accident, appellant was having a valid driving licence and the insurance company was liable for the compensation. Tribunal found that on the date of accident, appellant was not having a valid driving licence. R. T. O. was having no authority to issue a licence for driving the vehicle with retrospective effect. This order is under challenge in this appeal. ( 3 ) CONTENTION of the appellant is that rule 16 of Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'the Rules')provides form of driving licence. For ready reference, rule 16 reads thus:"16. Form of driving licence- (1) Every driving licence issued or renewed by a licensing authority shall be in Form 6. (2) Where the licensing authority has the necessary apparatus, for the issue of the laminated card type driving licence, such card type driving licence shall be in Form 7. (3) On and from the date of commencement of this sub-rule, every driving licence issued or renewed by the licensing authority shall be in Form 7. " ( 4 ) DRIVING licence is issued in Form no. 6 which authorises a driver to drive transport vehicle in following manner:"number date authorised to drive transport vehicle with effect from. . . Badge number. . .
" ( 4 ) DRIVING licence is issued in Form no. 6 which authorises a driver to drive transport vehicle in following manner:"number date authorised to drive transport vehicle with effect from. . . Badge number. . . Signature designation of the licensing Authority" ( 5 ) RELYING on the Form 6, contention of the appellant is that this authorises the licensing authority to issue a driving licence even from the back date and retrospectively and the date on which driving licence has been made effective shall be deemed to be treated as the date of issuance of the driving licence. On the basis of the aforesaid contention, it is submitted that the findings of the Tribunal are erroneous and the insurance company be made liable for the payment of compensation. ( 6 ) LEARNED counsel for insurance company opposed the contention and submitted that the driving licence may be prospective and not retrospective. The present driving licence was issued on 5. 3. 1990 and on that date the appellant was found eligible to drive a light motor vehicle. The R. T. O. was having no power to issue a driving licence with retrospective effect. If this position is not accepted, then in every case where vehicle met with accident, driver of that vehicle shall try to get driving licence from the concerned licensing authority with retrospective effect and in that case, defence of the insurance company may be flouted on the ground that the licensing authority has issued a driving licence with retrospective effect. In view of the aforesaid, findings recorded by the Tribunal are correct and this petition may be dismissed. ( 7 ) FROM the perusal of the aforesaid provision, relevant provision for issuance of driving licence may be seen. Chapter II of the Rules provides licensing of drivers of motor vehicles. Aforesaid rules provide the procedure for issuance of the driving licence. As per rules 3 and 4, the manner is provided for issuance of learning licence and evidence as to the correctness of the address and age. Rule 5 provides medical certificate to be issued for a learner's licence or a driving licence.
Aforesaid rules provide the procedure for issuance of the driving licence. As per rules 3 and 4, the manner is provided for issuance of learning licence and evidence as to the correctness of the address and age. Rule 5 provides medical certificate to be issued for a learner's licence or a driving licence. This provides that every application for the issuance of learner's licence or driving licence or for making addition of another class or description of motor vehicle to a driving licence shall be accompanied by a medical certificate in Form 1-A issued by a registered medical practitioner. Sub-rule (3) of rule 5 provides that the medical certificate issued shall be valid for a period of one year from the date of its issue. Rule 10 applies for application for learner's licence and rule 11 provides for preliminary test for learner's licence. Rule 14 provides for application for driving licence. As per rule 14, an application for a driving licence shall be made in Form 4 and shall be accompanied by an effective learner's licence to drive the vehicle of the type to which the application relates. The appropriate fee shall be accompanied with three recent photographs of the applicant and medical certificate. After completion of the aforesaid formalities, rule 15 provides driving test. This rule specifically provides that no person shall appear for the test of competence to drive unless he is holding a learner's licence for a period of at least 30 days. The test of competence to drive shall be conducted by the licensing authority or such other person as may be authorised in this behalf by the State Government. Sub-rule (3)of rule 15 provides various tests to be satisfied by the person who applies for the licence. Thereafter, rule 16 provides for issuance of driving licence. ( 8 ) AFORESAID provisions specifically make it clear that before issuance of the driving licence, person has to apply for a learner's licence and has to go through various tests as required under rule 15 (3)of the Rules. Thereafter, if medical test is not conducted then he has to go for medical test and thereafter, driving licence shall be issued. Aforesaid procedure has to be fulfilled on a particular date and only thereafter, licence can be issued.
Thereafter, if medical test is not conducted then he has to go for medical test and thereafter, driving licence shall be issued. Aforesaid procedure has to be fulfilled on a particular date and only thereafter, licence can be issued. Aforesaid facts specifically show that no driving licence can be issued with retrospective effect and only prospective driving licence can be issued. Merely that in Form No. 6 there is a provision that a person is authorised to drive transport vehicle with effect from a particular date, will not authorise licensing authority to issue the driving licence with retrospective effect. But this provision is made to specify the date from which the applicant is authorised to drive transport vehicle. It is in respect of the transport vehicle. Anyhow, the driving licence for light motor vehicle can be issued only with prospective authorisation or prospective licence and not retrospective licence. If this analogy is not accepted, person who is involved in the accident may approach to the licensing authority for issuance of licence with retrospective effect covering the date of accident. This will create complication. No licensing authority is empowered to issue driving licence with retrospective effect. In these circumstances, there is no error in the order passed by the Tribunal exonerating the insurance company. The appeal is without merit and is dismissed. Appeal dismissed. .