D T C Vs. SUNIL KUMAR

JUDGEMENT

(1.) THE Appellant Delhi Transport Corporation, a Public Sector Transport Undertaking (hereinafter referred to as `DTC') aggrieved by the grant of recovery rights in respect of compensation of `56,500/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the second Respondent, has approached this Court by way of this Appeal.

(2.) THE question for determination is whether Om Prakash (the third Respondent), the Appellant's driver, whose driving licence expired on 23.01.2003 can be said to be in possession of a valid driving licence on the date of the accident which took place on the next day i.e. 24.01.2003 because of the proviso to Section 14 of the Motor Vehicles Act, 1988 (the Act).

(3.) ON the other hand, it is urged by learned counsel for the second Respondent, the Insurer that the driving licence becomes effective with retrospective effect only if it is renewed within a period of 30 days. Since in this case, the driving licence was renewed only on 12.04.2004, the driving licence which expired on 23.01.2003 shall not be treated to be effective on 24.01.2003 i.e. the date of the accident.