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2010 DIGILAW 1205 (PNJ)

Seh Dev Sharma v. Kamaljeet Kaur

2010-03-16

VINOD K.SHARMA

body2010
JUDGMENT Vinod K. Sharma, J.(Oral).:- This appeal, by the owner-cum-driver, is directed against the award dated 24.9.2008, passed by the learned Motor Accident Claims Tribunal (A), Fast Track Court, Sangrur, vide which while allowing claim petition under Section 166 of the Motor Vehicles Act, on issue No.3, the learned Tribunal held, that respondent No.1/appellant was not holding a valid driving licence at the time of alleged accident. In view of finding on issue No.3, no liability was fastened on the Insurance Company. 2. The learned counsel for the appellant has challenged the finding on issue No.3, by contending, that the finding recorded by the learned Tribunal cannot be sustained in view of Section 15 of the Motor Vehicles Act. 3. The contention of the learned counsel for the appellant was, that it was proved and admitted that the appellant was having a valid driving licence, which was valid from 4.6.2004 to 8.6.2007. It was thereafter renewed from 18.7.2007 to 17.7.2010, in pursuance to application for renewal filed on 21.6.2007. The learned Tribunal, therefore, wrongly held that on the date of accident i.e. on 18.6.2007, the appellant was not in possession of a licence, by ignoring Section 15 of the Motor Vehicles Act. 4. On consideration, I find force in the contention raised by the learned counsel for the appellant. Section 15 of the Motor Vehicles Act reads as under: - “15. Renewal of driving licences. (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry: Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner’s licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than thirty days after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than five years after the driving licence has ceased to be effective, the licensing authority may refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence.” 5. The bare reading of Section 15 of the Motor Vehicles Act read with proven facts, that the appellant had applied for renewal of licence on 21.6.2007 and the licence was renewed from 18.7.2007 to 17.7.2010 and also in view of the law laid down by the Hon’ble Supreme Court in Ram Babu Tiwari Vs. United Indian Insurance Co. Ltd. & Ors., [2008(5) LAW HERALD (SC) 3377] : 2008(3) RCR (Civil) 912 and the judgment passed by this Court in FAO No. 1871 of 2008 titled Budh Ram and another Vs. United Indian Insurance Co. Ltd. & Ors., [2008(5) LAW HERALD (SC) 3377] : 2008(3) RCR (Civil) 912 and the judgment passed by this Court in FAO No. 1871 of 2008 titled Budh Ram and another Vs. Balbir and others decided on 9.3.2010, this appeal deserves to be accepted, by holding that the appellant had a valid driving licence. 6. Consequently, this appeal is allowed. The finding on issue No.3, is reversed, it is held that the appellant had a valid driving licence on the date of accident. 7. The relief clause in award is modified to read as under: - “In view of the findings on the issues mentioned above, the claim petition succeeds and is hereby allowed. The claimants are awarded compensation to the tune of Rs.14,73,210/- (Rupees fourteen thousand seventy three thousand two hundred and ten only) along with interest @ 6% per annum from the date of claim petition i.e. 8.8.2007 till realisation of amount, which claimants shall be entitled to receive from respondents No.1 and 2 jointly and severally. The compensation shall be apportioned equally. However, share of claimants No.2 and 3 shall be deposited in some Nationalized Bank in the shape of FDR, which the claimants No.2 and 3 shall be entitled to receive after attaining the age of majority.” Appeal accepted. --------------