1. Motor accident claim under Section 166, Motor Vehicles Act — Dispute over validity of driver's license and insurance company's liability for recovery. (Para 1 , 2 , 13 )
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2018 Supreme(SC) 256
SUPREME COURT OF INDIA
J. Chelameswar, Sanjay Kishan Kaul, JJ.
COMPAQ INTERNATIONAL & ANR. – Appellants
Versus
BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. & ANR. – Respondents
CIVIL APPEAL NOS.2538-2539 of 2018 [Arising out of SLP (C) Nos.24305-24306 of 2015] WITH CIVIL APPEAL NO.2540 OF 2018 [Arising out of SLP (C) No.14955 of 2017]
Decided On : 27-03-2018
IMPORTANT POINT
Some entry in the register of the licensing authority cannot be accepted as the gospel truth.
Headnote:Motor Vehicles Act, 1988 – Section 14 – Validity of licence – Original licence valid for 20 years or the licensee attaining 50 years of age whichever is earlier – Thereafter renewal for five years – Subsequently licence converted to commercial, valid up to 2018 – entry in official register showing validity of licence up to 2003 – Obviously incorrect. (Para 10)
Facts of the case:
This is a case of motor accident claim.
Finding of the Court:
Driving licence was valid on dare of accident.
Result: Appeals allowed.
Legal Category Hierarchy
Table of Contents
2. Insurance company contended the license had expired based on licensing authority records; appellants argued validity based on the license document and statutory provisions. (Para 2 , 6 )
3. The court observed that statutory mandates under Section 14 of the Motor Vehicles Act override register entries when determining license validity based on age. (Para 9 , 10 )
4. Under Section 14(2)(b) of the Motor Vehicles Act, a non-transport license is valid for twenty years or until the holder reaches age fifty, whichever is earlier. (Para 8 , 9 )
5. Appeals allowed — Recovery directions set aside — Consumer dispute remitted to State Commission for fresh decision based on license validity. (Para 11 , 12 , 16 , 17 , 18 )
6. How is the validity period of a non-transport driving license determined under the Motor Vehicles Act?
According to Section 14(2)(b), such a license is effective for twenty years from the date of issue or renewal, or until the person attains the age of fifty years, whichever is earlier. (Para 8 , 9 )
7. Does a licensing authority's register entry prevail over the statutory validity period of a driving license?
No, the court held that entries in a register cannot be accepted as absolute truth if they contradict the mandate of Section 14 of the Motor Vehicles Act regarding license validity. (Para 10 )
8. What happens to the validity of a driving license once the holder attains the age of fifty?
Once a person attains the age of fifty years, the license is renewed for a period of five years from the date of such issue or renewal. (Para 9 )
JUDGMENT
SANJAY KISHAN KAUL, J.
CIVIL APPEAL NOS.2538-2539 OF 2018
1. On 12.11.2005, one Mr. Balwant Singh was driving a motorcycle bearing registration No.HR-01R-6462 with Mr. Suresh Kumar as a pillion rider in Village Kansapur, Haryana, when it met with an accident with the offending vehicle, being Car No.HR-02L-8993. The driver of the car was one Mr. Nirmal Singh and the vehicle was owned by Compaq International, insured with Bajaj Allianz General Insurance Company Limited. Both the driver and the pillion of the motorcycle suffered injuries. They, thus, filed two claim petitions under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘said Act’) claiming Rs.20 lakh (by Mr. Balwant Singh) and Rs.15 lakh (by Mr. Suresh Kumar). The two separate claim petitions were tried together and post trial in terms of the award dated 12.2.2008, an amount of Rs.45,500/-was awarded to Mr. Suresh Kumar and Rs.1,21,000/-was awarded to Mr. Balwant Singh. Since contributory negligence was found to be 50 per cent, the amount determined was reduced by 50 per cent to award the aforesaid amounts. All the respondents were made jointly and severally liable, which included the owners, the driver and the insurance company. Interest and costs were also granted.
2. The insurance company filed two separate appeals in respect of the said order. The controversy in question insofar as we are concerned arises from a doubt being cast over the driving licence of the driver, Nirmal Singh. The licence in question was proved as Exhibit RA on the summoning of PW-4, Ashok Kumar, Criminal Ahlmad of the Judicial Magistrate First Class, Ambala Cantonment where the original driving licence had been filed and, thus, the copy was exhibited as RA in the present proceedings. As per RW-1, Nar Singh, Licence Clerk from the Registering Authority, the driving licence was valid from 27.02.1998 to 26.02.2003, i.e. for a validity period of 5 years. This was stated to be on the basis of a dispatch register (R-1). The accident having taken place on 12.11.2005, the plea advanced on behalf of the insurance company was that it was a licence, which had expired. The insurance company, thus, sought to absolve itself of the liability.
3. The aforesaid plea found favour with the learned single Judge of the Punjab & Haryana High Court and in terms of the impugned order dated 15.12.2014, it was held that the insurance company had a right to recover the amount from the driver and the owner of the offending vehicle jointly and severally.
4. The present appeal was filed both by the owner and the driver.
5. Notice was issued on 31.08.2015 and interim orders were granted staying the recovery by the insurance company from the appellants.
6. The only plea advanced on behalf of the appellants before us arises from the aforesaid validity of the driving licence as it is the say of the appellants that some entry in the register of the licensing authority cannot be accepted as the gospel truth and there is an obvious mistake in view of the authenticity of the driving license, its renewal and conversion read with the statutory provisions of the said Act.
7. Learned counsel for the appellants drew our attention to the driving license, which is admittedly issued by the licensing authority. The driving license was issued on 27.02.1998. The driving licence record the date of birth of the driver as 30.04.1961 and is valid for “M/Car, Jeep Only”. The validity date given in the driving license is 29.04.2011.
8. In support of the contention that there could not be any other date than the validity date of 29.04.2011, contrary to the deposition of RW-1, learned counsel for the appellants referred to the provisions of Section 14 of the said Act, which reads as under:
“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
