THE NEW INDIA ASSURANCE CO. LTD. Vs. GOWRAMMA

JUDGEMENT

(1.) HEARD Sri. Ravishankar, learned counsel appearing on behalf of K. Suryanarayana Rao, appearing for the appellants and perused records.

(2.) THE only question that arises for consideration in this appeal is;

(3.) IT is the contention of Sri. Ravishankar, counsel appearing for insurer that undisputedly, driver of offending vehicle had licence to drive only LMV (Non -Transport) and he had obtained licence to drive Heavy Transport Vehicle from 22.01.1997 to 21.01.2000 and same was renewed from 20.12.2003 to 19.12.2006 and thereafter it was not renewed, as such question of insurer indemnifying the insured in respect of award passed by tribunal on account of road traffic accident that occurred on 06.08.2007 on which date, driver did not possess driving licence would not arise and the finding recorded by tribunal by fastening the liability on insurer is an erroneous finding recorded and as such, he prays for absolving the insurer of its liability. In support of his submission, he has relied upon the judgment of the Hon'ble Apex Court in the case of National Insurance Co. Ltd., Vs. Vidhyadhar Mahariwala & Ors. reported in : 2008 AIR SCW 7145. He would also elaborate his submission by contending that under Section 15 of the Motor Vehicles Act an application for renewal of a licence will have to be made within 30 days of expiry and if such an application is made licence even renewed thereafter, would relate back to date of expiry and in the instant case, such factual matrix was not present and there was no material available on record before the Tribunal to hold either the driver having applied for renewal of licence within 30 days from the date of its expiry or for that matter any other date. Hence, he prays for allowing the appeal.