KESHAV PRASAD SAHU Vs. MAMTA BAI

JUDGEMENT

(1.) THIS appeal has been preferred by the owner on the short ground that insurer ought not to have been exonerated from making payment of compensation and right to recover the compensation from owner in case it is recovered from insurer.

(2.) THE factum of accident death of Hukum Singh, negligence of driver and factum of insurance of the vehicle are not in dispute.

(3.) THE only question agitated at Bar is with respect to liability of insurer on the ground that though driver held licence but it had expired as on the date on which accident took place, i. e. , on 13-10-2003. Driver was issued the licence to drive the kind of a vehicle which he was driving in the year 29-2-1984. Licence was issued to drive Light Motor Vehicle. Licence was renewed on the next very day of accident, i. e. , on 14-10-2003 for further period of 4-1-2015. Licence was valid upto 1-1-2003. There was no renewal from 1-1-2003 to 13-10-2003. On 13-10-2003 accident has taken place. There is no evidence on record that driver has incurred any disability in the meantime.