ROHINI Vs. KUMARAN

JUDGEMENT

(1.) The period of validity of a driving licence is the issue raised in this writ petition. In the impugned Ext.P2 award in O.P.(MV)No. 1092/1996 on the files of the Motor Accidents Claims Tribunal, Thalassery it was found that there is violation of the permit and policy conditions since the validity of the driving licence of the driver was only upto 9-12-1995. The accident took place on 6-1-1996. The renewal of licence is only on 15-1-1996. The contention of the learned Counsel for the petitioners - owner and driver, is that the licence is effective for a period of 30 days from the expiry. The contention of learned Counsel appearing for the respondent Insurance Company is that since the licence was renewed on 15-1-1996, the effect is only from the date of renewal and hence the driver involved in the accident which took place on 6-1-1996 did not have valid licence at that time and hence there is violation of permit/policy. In order to appreciate the rival contentions it is necessary to refer to two provisions -Sections 14 and 15 of the Motor Vehicles Act, 1988. Section 14 reads as follows:-

(2.) In the instant case the licence is admittedly valid upto 9-12-1995. Therefore, it has effect till 8-1-1996. Since the licence is renewed only on 15-1-1996 the licence does not have any effect from 8-1-1996 to 15-1-1996. As the date of accident is on 6-1-1996, the driver has a valid licence since the same is within the 30 days of the expiry of the validity. Therefore, there is no violation of the permit/policy conditions.