STATION MANAGER INDIAN AIRLINES Vs. STATE

JUDGEMENT

(1.) THE petitioners have in both the case's entitled above been convicted Under Section 94 of the M. V. Act for not having renewed the Policv of insurance as required by the Act.

(2.) IT appears that the accused admitted before the trial court that the previous insurance had expired on 31-3-71 and an application for renewal of the same was made and an order for renewing the policv was made on 6-4-71, renewing the insurance with effect from 1-4-71. The courts below were of the opinion that as the vehicles remained ' uninsured from 31-3-71 to 6-4-71. the offence was technically complete and the petitioners had to be convicted. I ami however, unable to agree with this view. The courts must take a reasonable view of the matter. It is manifest that after the expirv of the insurance policv or the license the owner of the vehicle has to apply for renewal which takes a lew days and if the renewal is made retrospectively then in the eve of law the license or the insurance, as the case may be. becomes effective from the date from which it is renewed.

(3.) IN the instant case the learned Sessions Judge has found that the insurance policy produced before him was renewed on 6-4-71 but with effect from 1-4-71, Thus the legal effect of the renewal was that the insurance policy stood renewed from 1-4-71 and therefore the petitioners had committed no offence because the insurance policv was in order and the petitioners therefore did not violate Section 94 of the M. V. Act.