MANAGER, NIRMALA PUBLIC SCHOOL Vs. BULKIS @ SHAILA

JUDGEMENT

(1.) In a case where the driver of the offending vehicle "was not duly licensed " - in the sense that his driving license was not renewed within the statutory period of 30 days - whether the Tribunal's direction enabling the insurance company to recover the compensation amount from the owner is sustainable in law is the legal question posed in this appeal.

(2.) The appellant is the second respondent/owner of a school bus, which collided with the motor bike in which the injured was a pillion, sustaining serious injuries. It is not in dispute that, Ext.B1 license of the first respondent was valid for the period from 19/3/2007 up to 18/3/2010, and that the same was renewed only w.e.f. 27/8/2010, whereas the accident took place on 19/8/2010. It could thus be seen that, the first respondent/driver was not duly licensed as on the date of accident, even if, the statutory period of 30 days is reckoned for the purpose of renewal of license.

(3.) Heard Sri. Mathew John, learned counsel for the appellant and Sri. A.R.George, learned Standing counsel for the third respondent/insurance company. Perused the records.