ORIENTAL INSURANCE CO. LTD. Vs. ANAND VIKRAM SINGH

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act against the impugned award dated 29.5.2002 passed by the Motor Accident Claims Tribunal, Faizabad in Motor Accident Claims Case No. 189 of 1999.

(2.) The controversy raised on 20.9.1999 at about 2:00 P.M. on Lucknow-Faizabad Road in which the deceased Prakash Singh suffered with an accident with the appellants who was a pillion rider suffered with an accident by a jeep bearing no. UP 50 B/1600.? The Tribunal has awarded compensation to the tune of Rs. 3,60,000/- along with interest at the rate of 9 per cent per annum to the respondent no. 1 to 5.

(3.) The solitary argument advanced by learned counsel for the appellant is that on the date of 20.9.1999, the vehicle was not insured and was not having valid driving licence. The licence was granted for the period from 15.9.1994 to 14.9.1997. Thereafter it was renewed on 21.9.1999. The accident occurred on 20.9.1999. Learned counsel for the appellant has relied upon the judgment of the Hon'ble Apex Court passed in Civil Appeal No. 1537 of 2009 (Bhuwan Singh Vs. M/s Oriental Insurance Co. Ltd. & Anr.). Hon'ble Supreme Court of India in the case of Bhuwan Singh held that driving licence shall deem to be valid from the date of registration, in case renewal is done beyond the period of 30 days from the date of expiry. The Apex Court relied upon the earlier judgment reported in (Ram Babu Tiwari Vs. United India Insurance Company Ltd. & Ors.,2000 8 SCC 165). Relevant portion of the judgement of Bhuwan Singh is reproduced hereinbelow: