NATIONAL INSURANCE CO LTD Vs. BINDESHWAR SINGH

JUDGEMENT

(1.) BY way of the present appeal, the appellant insurance company challenged the impugned award dated 28. 11. 2006 primarily on the ground that the Tribunal has not granted recovery rights to the appellant insurance company although the appellant has duly proved on record that as on the relevant date of accident the driver of the offending vehicle was not in possession of any licence.

(2.) THE brief facts of the case relevant for deciding the present appeal are as under: on 5. 7. 2003, at about 7. 30 P. M. the respondent claimant was going to his office situated at Daryaganj from Raja Garden on his motor cycle bearing registration no. DL-2sl-0494 and when he was crossing the traffic signal of West Patel Nagar, he was hit from behind by a bus and dragged upto some distance. As a result of the impact he sustained grievous injuries on his right leg.

(3.) MS. Manjusha Wadhwa, counsel appearing for the appellant contended that the accident in the present case has taken place on 5. 7. 2003 and the driving licence in favour of the driver was valid up to 14. 2. 2003. The said licence was renewed by the driver on 31. 7. 2003 which was valid up to 30. 6. 2006. Counsel, thus, urged that this is an admitted position on record that as on the date of accident, the driver was not holding any licence. Counsel further derived support from Section 15 of the Motor Vehicles Act to contend that since it is a duty casted on the driver to have renewal of the licence within the prescribed period of 30 days and since renewal was not taken by the appellant within this period, therefore, the licence which was subsequently renewed, could not have effect of revalidating the said licence from the date of its issuance. Counsel, thus, contended that as on the date of accident clearly, the driver was not holding any licence and therefore, in such like cases at least recovery rights can be given to the insurance company to recover the award amount from the owner of the offending vehicle.