NATIONAL INSURANCE COMPANY LTD Vs. SANTRO DEVI

JUDGEMENT

(1.) MR . Suri, learned counsel for the appellant contends that the Division Bench of this Court in National Insurance Co. Ltd. v. Sucha Singh and others (1994-1) Punjab Law Reporter 140 has laid down the correct view by holding that renewal of driving licence even if not valid would get the seal of validity. The Division Bench in the said authority after relying upon provisions of Section 15 of the Motor Vehicles Act held that since medical test of a person asking for renewal of licence could be conducted, the renewal of licence gets validity. The provisions of Section 15 of the Act read as under :-

(2.) A perusal of the proviso second to sub-section (1) of the said Section leaves no doubt that the application for renewal of licence shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in the provisions of sub-sections (3) and (4) of Section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner's licence. Sub-sections (3) and (4) of Section 8 of the Act read as under :-

(3.) THUS , there is no escape but to hold that there is no provision in the Act or the Rules farmed thereunder for taking test in order to judge the capability of the driver to drive a vehicle while renewing the licence. If that is so, even an invalid or fabricated licence for driving vehicle cannot be rendered valid by the mere act of the authority in renewing the licence specially when in the case in hand the licence was issued by the Licensing Authority of Gwalior and it was got renewed later on at Tohana in Haryana State. Under these circumstances, we admit this appeal and consider it desirable to request the Hon'ble Chief Justice to constitute a Full Bench to resolve this controversy of vital importance which is likely to crop up in numerous appeals arising from the order of the Motor Accident Claims Tribunal and in Motor Accident Claims.