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2002 Supreme(SC) 769

MALLA PRAKASARAO – Appellant
Versus
MALLA JANAKI – Respondent


( 1 ) IT is not disputed that the driving licence of the driver of the vehicle had expired on 20-11-1982 and the driver did not apply for renewal within thirty days of the expiry of the said licence, as required under Section 11 of the Motor Vehicles Act, 1939. It is also not disputed that the driver of the vehicle did not have driving licence when the accident took place. According to the terms of the contract, the Insurance Company has no liability to pay any compensation where an accident takes place by a vehicle, driven by a driver without a driving licence. In that view of the matter, we do not find any merit in the appeal.

( 2 ) THE appeal fails and is, accordingly, dismissed. There shall be no order as to costs. CAs Nos. 4661-84 of 2002 @ SLPs (Civil) Nos. 1084, 6799-6815 of 1998 and 3263-68 of 1999

( 3 ) LEAVE granted.

( 4 ) WE have heard counsel for the appellant.

( 5 ) ON 2-11-1990, a stage carriage belonging to Haryana State Roadways transport Corporation met in an accident with a tempo which was carrying passengers. As a result of the said accident, eight passengers travelling in the tempo died and several other passengers received injuries. Subsequently, the dependants











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