Per Justice G.D.Sharma, J. (Oral) 1. Through the medium of this appeal, Order dated 05.05.2008 passed by the Ld. Divisional Forum Jammu (herein after referred to as Forum) has been taken into appeal on the ground that though at the time of the accident the Driving license of the Insured vehicle had expired yet the driver was not under any disability to drive the said vehicle because the owner of the insured vehicle before his engagement had conducted due enquiry and even if on proper investigation it is at later point of time found fake, the owner cannot be held negligent. 2. Heard the arguments 3. Mr. Panth the Ld. Counsel for the Appellant while reiterating the grounds of the memo of appeal has further submitted that the accident took place on 28.12.2004 and the license was renewed on 08.01.2005 which means within ten days. No deliberate breach of any insurance policy was made by the appellant. In support of his contentions he has produced the certified copy of the order passed by the Hon'ble Single Judge of J&K High Court in OWP NO: 768/2003 titled New India Insurance Company Ltd. v. M/S Raman Roadways 38-P, Nehru Market, Jammu & Ors. His view was based on the ratio decidendi of the case National Insurance Company Ltd. v. Irfan Sidiq Bhat 2005(1) JK Judgments HC 42 wherein the Hon'ble Division Bench has held:- "In our opinion the legal position would be no different in the case of own vehicle damage claim. While permitting a person to drive the vehicle, the owner is not supposed to make a full-fledged enquiry about the validity of the driving license. If the driving license ex facie shows that the person is competent to drive a particular type of vehicle, the owner is not supposed to make enquiry from the concerned licensing authority about its genuineness." 4. In rebuttal Mr. Chauhan Advocate has contended that the Ld. Forum rightly has followed the law laid down by the Apex Court reported as AIR 2007 SC 1445 , titled Ishwar Chander and Ors. v. Oriental Insurance Company Ltd. & Anr. In rebuttal Mr. Chauhan Advocate has contended that the Ld. Forum rightly has followed the law laid down by the Apex Court reported as AIR 2007 SC 1445 , titled Ishwar Chander and Ors. v. Oriental Insurance Company Ltd. & Anr. In that ruling, S.15(1) of the Motor Vehicles Act has been discussed and clearly held that where the application for renewing of the license is made more than thirty days after the date of its expiry, the driving license shall be issued with effect from the date of its renewing. After referring of the factual matrix of the case the Ld. Counsel has stated that admittedly the license of the driver had expired on 19.03.2004 and the accident took place on 28.12.2004. Undoubtedly, the driving license was renewed after ten days from the date of the accident but at the time of the accident the driver was not having any valid and effective driving license as it was renewed after 293 days from the date of expiry. He has also referred to S.3 of the Motor Vehicles Act wherein the driving license has been defined and reads: (1) "No person shall drive a Motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle [other than {a motorcab or motor cycle} hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government." 5. We have considered the respective contentions of the Learned Counsels appearing for the parties. We do not subscribe to the view of Mr. Rahul Panth the Learned Advocate in view of the recent law laid down in respect of own damage case. We have followed the changed law. Mr. Chauhan has produced the copy of the order of the Commission passed on 03.12.2007 in Appeal No.2856/A of 2007 wherein the same view has been taken. In this view of the matter we did not find any force in this appeal which is dismissed without costs. We have followed the changed law. Mr. Chauhan has produced the copy of the order of the Commission passed on 03.12.2007 in Appeal No.2856/A of 2007 wherein the same view has been taken. In this view of the matter we did not find any force in this appeal which is dismissed without costs. The appeal is consigned to records and the record of the Forum be returned immediately.