SUNITA YADAV Vs. LAXMAN

JUDGEMENT

(1.) THE Appellant Sunita Yadav was awarded a compensation of Rs.99,000/- for having suffered injuries in a motor vehicle accident, which occurred on 02.07.2006.

(2.) THE only ground of challenge is that the First Respondent Laxman, driver of the offending vehicle possessed a driving licence which was valid from 09.06.2003 to 08.06.2006. The accident occurred on 02.07.2006. By virtue of proviso to Section 14 of the Motor Vehicles Act (the Act), the licence was valid for a period of 30 days from the date of its expiry. Thus, the Appellant's contention is that if grace period of 30 days is given, the licence would be valid upto 08.07.2006. The Appellant would not be guilty of any breach of the terms and conditions of policy and thus the Second Respondent Insurance Company was liable to pay the compensation.

(3.) IT seems that the proviso to Section 14 of the Act escaped the attention of the Claims Tribunal, that is why it took the view that the licence was not effective on the date of the accident. Section 14 of the Motor Vehicles Act is extracted hereunder:-