ORIENTAL INSURANCE COMPANY LIMITED Vs. KARAM CHAND

JUDGEMENT

(1.) This appeal is directed against the order passed by District Forum, Chamba in consumer complaint No. 44/2003 on 10.9.2004.

(2.) Vehicle being insured with the appellant on the date of accident under a valid policy of insurance is admitted by the parties. Other facts have noted in detail in the impugned order by the Forum below.

(3.) At the time of hearing Mr. G.D. Sharma learned Counsel for the appellant submitted that the Forum fell into error in ignoring the proviso to Section 15 of the Motor Vehicles Act, 1988 and at the same time by misreading as well as misapplying the provision of Section 14 thereof. He further pointed out that accident in this case is of 31.1.2001. Driving Licence of the driver had expired on 14.12.2000 and it was renewed on 12.6.2002. So far as these dates are concerned, again these were not disputed on behalf of the parties. In this background Mr. Sharma pointed out that on the date of accident driver was not holding an effective as well as valid driving licence authorizing him to have driven the vehicle. As according to him even after expiry of driving licence on 14.12.2000 if it was renewed on or before 13.1.2001, its date of validity was to date back to the date of its expiry i.e. on 14.12.2000. However, licence having been renewed on 12.6.2002 which is its date of renewal for all purposes and not to the date of expiry i.e. 14.12.2000 in the present case.