ORIENTAL INSURANCE CO LTD Vs. KALI

JUDGEMENT

(1.) The only contention urged by the appellant/insurer in this appeal is that it shall be allowed to recover the amount paid to the claimant as the driver did not have a valid driving licence as on the date of accident viz., 28.3.1995. Ext. B2 is the licence particulars. It shows that the driving licence issued to the 6th respondent had expired on 14.3.1995.

(2.) Going by the proviso to S.14 of the Motor Vehicles Act, 1988 "every driving licence shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry."

(3.) Thus, as on the date of accident as mentioned above, the said one month period had not run out. The licence was, notwithstanding its expiry, effective as on the date of accident. Necessarily, the contention of the insurer cannot be accepted.