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2010 DIGILAW 28 (PNJ)

Oriental Insurance Company Limited v. Lata Devi

2010-01-05

DEV DARSHAN SUD

body2010
Judgment Dev Darshan Sud, J. 1. This appeal has been preferred by the Insurance Company against the award made by the learned Motor Accident Claims Tribunal- (1), Sirmaur District at Nahan, awarding a sum of rs.4,24,000/- as compensation alongwith interest to the claimants therein. The appellant-Insurance company has been held liable to pay this amount alongwith Shri Jogi Ram and Deep Ram, owner and driver of the offending vehicle. 2. The brief facts are that late Bhupender, who died in the accident which occurred on 28.4.2004, was working as a conductor on Tempo bearing Registration No. HP-18-3624 which belonged to respondent no.7 Jogi Ram and driven by respondent No.8 Deep Ram. This Tempo had been hired for transporting goods from Paonta Sahib to the liquor vend of Jogi Ram at Nahan. When this vehicle reached near village bakhlawali Truck bearing Registration No. HR-58-8238, which was coming from the opposite direction, dashed into the Tempo and there was a head on collusion in which Bhupender Singh received fatal injuries. On the settled issues, the learned Motor Accident Claims Tribunal held that the owner and driver of the Tempo were responsible for the accident. On the issue which was crucial for apportionment of liability, that is to say, as to whether the driver of the Tempo Deep Ram was possessed of a valid driving licence, the Court holds that though the validity of the licence had expired, but the breach was not so fundamental which exonerated the Insurance Company from its liability. This finding has been challenged by the learned counsel appearing for the appellant who submits that on the date when the accident took place, the driver of the offending Tempo was not possessed of a valid driving licence. 3. Ex. RW-4/a, copy of the Register of driving licences maintained by Registering Authority, Rajgarh, proves that licence to Deep Ram, respondent No.8-driver, was issued on 3.1.1998. RW-3, Shri Satinder singh, Junior Assistant in the Office of Registration and Licensing Authority, Nahan, states that vehicle no. HP18-3624 is registered in the name of respondent Jogi Ram. Driving licence No.78-SDM/r/97 issued to Deep Ram by the Registering and Licencing Authority, Rajgarh on 3.1.1998 was valid up to 1.2.2004 and on 30th April, 2004 as evidenced by RW-3/a. He has proved on record the entry in the register as Ex. RW-3/a, which proves that renewal fee of Rs.30/- has been deposited on 18.3.2004. Driving licence No.78-SDM/r/97 issued to Deep Ram by the Registering and Licencing Authority, Rajgarh on 3.1.1998 was valid up to 1.2.2004 and on 30th April, 2004 as evidenced by RW-3/a. He has proved on record the entry in the register as Ex. RW-3/a, which proves that renewal fee of Rs.30/- has been deposited on 18.3.2004. The endorsement on RW-3/a reads:- ". . . . Paid Rs.30/-, No.1998359, dt.18.3.2001. No intimation received within prescribed period. Hence DL renewed upto 17.3.2007. " 4 This would be the crucial fact for determination to determine as to whether the liability can be fastened on the Insurance Company or not. 5. The fact regarding the issuance of driving licence and the date on which it has expired and subsequent application made for renewal have remained un-rebutted on the record. The accident occurred on 28.4.2004. 6. Learned counsel have referred to a judgment of this Court as also to that of the Supreme Court in support of their respective contentions. Before adverting to the case law, the provisions of the Act may be noticed. Sec.14 of the Motor Vehicles Act, 1988 (hereinafter referred to as the `act) provides for the validity and currency of driving licences and Sec.15 with renewals. Before adverting to the case law, the provisions of the Act may be noticed. Sec.14 of the Motor Vehicles Act, 1988 (hereinafter referred to as the `act) provides for the validity and currency of driving licences and Sec.15 with renewals. Sub-section 2 of Sec.14 provides:- "14 (2) A drivig licence issued or renewed under this Act shall,- (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years: [provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and] (b) in the case of any other licence,- (i) if the person obtaiing the licence, either originally or on renewal thereof, has not attained the age of [fifty years] on the date of issue or, as the case may be, renewal thereof,- (A) be effective for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attains the age of [fifty], whichever is earlier; (ii) if the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or, as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal:] provided that every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry. " Sec.15 provides:- "15. Renewal of driving licences.-1. " Sec.15 provides:- "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 d ate 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 subsection (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 learners 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 subsection (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 Sec.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. " 7. These two provisions when construed harmoniously, lay down that a driving licence is valid for three years and that after expiry it is deemed to be valid for a period of one month. Considering the endorsement made in Ex. PW-3/a, it is but plain that three years counted from 17.3.2007 would take it back to 18.3.2004 when the fee for renewal was deposited. It is not as if a fresh licence is being issued but the previous licence is being renewed. Although, the licence has been actually delivered on the 30th april, 2004, yet the starting point for purposes of renewal would be 17/18.3.2004. There is no provision under Sec.14 of the Act ibid which would in any way shorten the tenure of the currency of validity of the licence. It is well known that long delay takes place in Government Offices and papers are kept pending for a long period of time. The crucial evidence in this case is the note in Ex. PW3/a reproduced above. RW-3, Satinder Singh, Junior Assistant in the office of the Registration and Licencing Authority, nahan and RW-4, Tota Ram, Clerk in the office of Registering and Licencing Authority, Rajgarh, who have proved Ex. RW-3/a and RW-4/a. The date of the accident i. e.28th April, 2004 is not disputed. The endorsement RW-3/a when considered in the light of the provision of Sec.14 supra, makes it clear that respondent No.8 had a valid driving licence on the day when the accident took place. 8. Learned counsel appearing for the appellant relies upon the decision in, New India Assurance company vs. Smt. Sudesh Kumari and Others, 2006 (3) Shim. L. C.105, to urge that the licence would automatically expired after 30 days of its validity in case it is not renewed. This Court held:- "13. The case of the appellant is that the driving licence expired on the date of expiry mentioned in the driving licence. L. C.105, to urge that the licence would automatically expired after 30 days of its validity in case it is not renewed. This Court held:- "13. The case of the appellant is that the driving licence expired on the date of expiry mentioned in the driving licence. However, in view of the provisions of Sections 14 and 15 of the Motor vehicles Act, the same is deemed to be valid for a period of 30 days of the date of expiry then the renewal shall relate back to the date of its expiry. However, in case the renewal is done after 30 days then the driving licence is deemed to be renewed with effect from the date of its renewal. " 9. There is no dispute for this proposition. This case is distinguishable on facts. Another decision relied upon is that of National Insurance Company Ltd. vs. Vidhyadhar Mahariwala and Others, 2008 (12)Scale 577. In that case, the accident occurred on 11.6.2004, the driving licence was valid from 15.12.1997 to 14.12.2000 and thereafter from 19.12.2000 to 14.12.2003 it was again renewed only from 16.5.2005 to 15.5.2008. In these circumstances, the Supreme Court held that no liability could be fastened at-least on the Insurance Company as on the date of accident the driver had no driving licence. 10. As I have held, a combined reading of Sections 14 and 15 of the Act which provide not only for the currency of the driving licence but also the grace period of its validity, it is true that the period of 30 days had elapsed on 2nd March, 2004 nonetheless the fee for renewal was deposited on 18.3.2004 and the licence was made effective up to 17.3.2007. Since the currency of validity of a driving licence is three years, counting the period backwards from 17.3.2007, the date for renewal comes to 18.3.2004. In these circumstances, it cannot be said that on the date when the accident occurred the driver did not have a valid driving licence. No other point has been urged before me. I, therefore, find no merit in this appeal which is accordingly dismissed. There shall be no order as to costs.