NATIONAL INSURANCE CO. LTD Vs. BHIKHABHAI JESHABHAI

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, 1988 is at the instance of the Insurance Company and is directed against the award dated 5th August 2004 passed by the Motor Accident Claims Tribunal [Aux], Rajkot, in M.A.C.P. No. 1348 of 1996 whereby the Tribunal awarded a sum of Rs. 68,700/ - in favour of the claimants with interest at the rate of 9% per annum from the date of filing the application till realization. The Insurance Company was held jointly and severally liable to pay the amount along with the owner and the driver of the offending vehicle.

(2.) BEING dissatisfied, the Insurance Company has come up with the present appeal.

(3.) IN this case, there is no dispute that the offending vehicle was insured by the appellant -Insurance Company. There is also no dispute that on the date of the accident, viz. 7th October 1996, the driver of the offending vehicle, who also happens to be the owner, had no existing valid licence for driving the said vehicle. It appears that the licence of the owner -cum -driver of the offending vehicle expired on 9th February 1995 whereas the accident occurred on 7th October 1996 and the driver had renewed his licence from 15th November 1996, that is to say, 1 year and 8 days after the date of the accident, and thus, 1 year and 8 days prior to the accident, the driving licence expired and he did not care to renew the licence.