Delhi High Court
Sunita Yadav vs Laxman & Anr. on 26 September, 2012
Author: G.P. Mittal
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 26th September, 2012
+ MAC. APP. No.508/2012
SUNITA YADAV ..... Appellant
Through: Ms.Ruchi Munjal, Advocate
Versus
LAXMAN & ANR. ..... Respondents
Through: Mr.Manoj R.Sinha, Advocate for R-2
Insurance Company.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
1. The Appellant Sunita Yadav was awarded a compensation of `99,000/-
for having suffered injuries in a motor vehicle accident, which occurred
on 02.07.2006.
2. The only ground of challenge is that the First Respondent Laxman, driver
of the offending vehicle possessed a driving licence which was valid from
09.06.2003 to 08.06.2006. The accident occurred on 02.07.2006. By
virtue of proviso to Section 14 of the Motor Vehicles Act (the Act), the
licence was valid for a period of 30 days from the date of its expiry. Thus,
the Appellant's contention is that if grace period of 30 days is given, the
licence would be valid upto 08.07.2006. The Appellant would not be
guilty of any breach of the terms and conditions of policy and thus the
Second Respondent Insurance Company was liable to pay the
compensation.
3. In para 78 of the impugned order, the Claims Tribunal itself noticed that
the licence was valid from 09.06.2003 to 08.06.2006. Para 78 of the
impugned order is extracted hereunder:-
"78. I find on perusal of the copy of the driving licence of
Respondent No.1, which forms part of the criminal record, that the
licence issue date is 06.10.2006 and the expiry date is 05.10.2009
and the previous record is from 09.06.2003 to 08.06.2006. The
accident occurred on 02.07.2006. Evidence of the witnesses of
Respondent No.2 also prove the same."
4. It seems that the proviso to Section 14 of the Act escaped the attention of
the Claims Tribunal, that is why it took the view that the licence was not
effective on the date of the accident. Section 14 of the Motor Vehicles
Act is extracted hereunder:-
"14. Currency of licences to drive motor vehicles-
1) A learner's licence issued under this Act shall, subject to the
other provisions of this Act, be effective for a period of six months
from the date of issue of the licence.
(2) A driving licence issued or renewed under this Act shall,-
(a) in the case of a licence to drive a transport vehicle, be
effective for a period of three years:
[Provided that in the case of licence to drive a transport
vehicle carrying goods of dangerous or hazardous nature be
effective for a period of one year and renewal thereof shall be
subject to the condition that the driver undergoes one day
refresher course of the prescribed syllabus; and]
(b) in the case of any other licence,-
(i) if the person obtaining the licence, either originally or
on renewal thereof, has not attained the age of [fifty years]
on the date of issue or, as the case may be, renewal thereof,-
(A) be effective for a period of twenty years from the date
of such issue or renewal; or
(B) until the date on which such person attains the age of
3[fifty years],
whichever is earlier;
[(ii) if the person referred to in sub-clause (i), has attained
the age of fifty years on the date of issue or as the case may
be, renewal thereof, be effective, on payment of such fee as
may be prescribed, for a period of five years from the date of
such issue or renewal:]"
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."
5. It is evident from the proviso appended to the above Section that the
licence was effective for 30 days from the date of its expiry. Thus, the
First Respondent could not have been made liable to pay the
compensation when the vehicle was duly insured by the Second
Respondent. The impugned order, therefore, cannot be sustained to the
extent it exonerated the Second Respondent and made the First
Respondent liable to pay the compensation.
6. The impugned order is modified and the Second Respondent Insurance
Company is held liable to pay the awarded compensation.
7. Respondent No.2 National Insurance Company Ltd. is directed to deposit
the awarded compensation with the Claims Tribunal within six weeks
which shall be disbursed/ held in fixed deposit as directed by the Claims
Tribunal.
8. The Appeal is allowed with cost throughout.
9. Pending Applications stand disposed of.
(G.P. MITTAL)
JUDGE
SEPTEMBER 26, 2012
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