Allahabad High Court
Sri Kuldeep Singh vs Smt. Shahjahan & Others on 11 August, 2017
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 984 of 2009
Appellant :- Sri Kuldeep Singh
Respondent :- Smt. Shahjahan & Others
Counsel for Appellant :- S.D. Ojha
Counsel for Respondent :- V C Dixit,V K Shukla
Hon'ble Saumitra Dayal Singh,J.
This appeal has been filed by the owner against the award dated 29.11.2007 passed by Commissioner, Workmen's Compensation/Assistant Labour Commissioner, Muzaffarnagar in W.C.A. Case No. 96 of 2006.
The present appeal raise following questions of law:-
"A. Whether the W.C. Commissioner is justified in holding that the driving license of the deceased was not valid on the date of accident, whereas Section 14 of Motor Vehicle Act, 1988 provides that driving license would be effective after 30 days of its expiry?
B. Whether the W.C. Commissioner is justified in fixing the liability upon the appellant/owner of truck holding breach of policy whereas the driving license of the deceased driver was valid and effective on the date of accident?
C. Whether the W.C. Commissioner is justified in fixing the liability upon the owner of truck whereas the truck in question was insured on the date of accident and there was no breach of policy in any manner?"
While the appeal had not been admitted on any specific question of law, at present, learned counsel for the appellant presses question no. A.
In this regard it is seen, on 07.0.2006, (Mohd. Aslam) was driving truck bearing registration no. HR 58 - 7681 from Orissa to Bijnor. While the said truck was near police station Meerapur, village Deval he fell ill and was admitted to district hospital Bijnor, where he expired. The truck being driven by the deceased was owned by the appellant and the deceased was his employee.
Before the Commissioner, Workmen's Compensation, the insurer raised the objection that the driving licence of deceased Mohd. Aslam was valid only upto 10.09.2006. In this regard certified copy of form-54 was filed which clearly stated that the driving licence of Mohd. Aslam was last renewed w.e.f. 11.09.2003 upto 10.09.2006. Inasmuch as accident occurred thereafter on 07.10.2006, the Commissioner, Workmen's Compensation concluded, the driving licence of the deceased was not valid and effective on the date of accident. Accordingly, the Commissioner, Workmen's Compensation absolved the insurer from the liability to compensate the claimants and fastened that liability on the owner of the vehicle.
Learned counsel for the appellant has relied on the proviso to Section 14(2) of the Motor Vehicles Act, 1988 (hereinafter referred as to the Act) reads as below:-
"14(2) ...
Provided that every driving licence shall, notwithstanding its expiry under this sub-section continue to be effective for a period of thirty days from such expiry"
Then, relying on the recital made on the certified copy of form-54, he submits, it cannot be disputed that the licence of the deceased was valid for the period from 11.09.2003 to 10.09.2006 which fact has been stated by the Road Transport Officer himself.
Relying on the proviso to Section 14(2) of the Act, he then submits, the licence of the deceased was valid upto 09.10.2006. Therefore, he contends, licence being valid and effective, the owner could not have been fastened to the liability to the exclusion of insurer.
While a formal objection has been raised by learned counsel for the respondent-insurer, however, he could not dispute the consequence arising upon reading proviso Section 14(2) of the Act.
Clearly, the law provides, in the first place the driving licence would be valid and effective for the period for which it is extended, which period is recorded on the licence itself and also in the records of the issuing authority. Upon expiry of such period a grace period of 30 days has been allowed for purpose of obtaining renewal during which period the licence continues to be valid and effective.
Inasmuch as the death of Mohd. Aslam had arisen within the aforesaid period of 30 days, the licence has to be held to be valid and effective in law with all consequences.
Accordingly, question no. 'A' raised by learned counsel for the appellant is answered in favour of the appellant and against the insurer.
Accordingly, the instant appeal is allowed. The order of the Commissioner, Workmen's Compensation shall stand modified to read the entire liability of compensation created by the award shall be against the insurer and not the owner of the truck being driven by the deceased.
Under interim order of this Court half the awarded amount has been released in favour of the claimant-respondents. As to remaining which is lying deposited in an interest bearing term account with a Nationalised Bank, the same shall be returned to the appellant together with interest that may have accrued thereon in favour of the claimants. The insurer shall then reimburse to the appellant an amount equal to the amount originally deposited by the owner in compliance of order of the Commissioner, Workmen's Compensation.
Order Date :- 11.8.2017
A. Singh
