NATIONAL INSURANCE COMPANY LIMITED Vs. CHHIMAE DOLMA

JUDGEMENT

(1.) WHEN this appeal came up for consideration today, learned Counsel for the parties stated that the sole question involved in it is, as to what is the effect of a driving licence having been renewed beyond the period of thirty days, after the date of its expiry. It was also stated by them that if this Commission comes to the conclusion that even when renewal is effected after thirty days of the date of expiry of driving licence it will date back to the date of expiry, appeal has to be dismissed. In the event of contrary view being taken, this appeal has to be allowed.

(2.) IN view of the above limited legal question involved in this appeal we are referring to only those facts which are material for deciding this appeal. Licence of the driver who was driving vehicle bearing registration No. HP -34 -A 2693 when it met with accident had admittedly expired on 20.8.2003. As such in consonance with the provisions of Section 14(2) last proviso of Motor Vehicles Act, 1988 in case he had got it renewed by or before 19.9.2003, it was to date back to the date of expiry i.e., 20.8.2003. Further according to the learned Counsel for the parties licence was got renewed after 19.9.2003, i.e., grace period allowed under Section 14(2) last proviso of the Motor Vehicles Act, 1988 .

(3.) FOR ready reference Sections 14 and 15 first proviso of the Motor Vehicles Act, 1988 are extracted hereinbelow: