NATIONAL INSURANCE COMPANY Vs. BHAWANI CHAND

JUDGEMENT

(1.) MR . Tomar in support of this appeal urged that the vehicle in question was a commercial vehicle and the driver was not holding a valid and effective driving licence which authorised him to drive the same. According to him, unless the licence was endorsed specifically, the vehicle in question could not have been driven by the driver engaged by the appellant. With a view to advance this submission he placed reliance on the report of Surveyor which is at page 46 of the complaint file.

(2.) BEFORE referring to the said report and dealing with this submission we may notice that Section 14 of the Motor Vehicles Act, 1988 deals with the currency of licences to drive motor vehicles. Section 14(2)(a) deals with issuance or renewal of driving licence issued the said Act (i.e., Motor Vehicles Act, 1988). Under sub -clause (a) in the case of a licence to drive a transport vehicle it is effective for a period of 3 years. Whereas, in sub -clause (b) of Sub -Section (2) of Section 14; other licences are effective for a period of 20 years from the date of issue or renewal or until the date on which such person attains the age of 50 years.

(3.) WITHOUT in any manner giving up his earlier submission Mr. Tomar urged that interest has been ordered to be paid from the date of repudiation whereas it should have been allowed from the date of filing of the complaint. Looking to both the dates we find that this is not a fit case for interferring on this ground.