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2021 Supreme(Del) 1637

SANJEEV SACHDEVA
Baksha Ram – Appellant
Versus
Heena – Respondent


Advocates appeared:
Pallav Gupta, Advocate, Ravin Rao, Advocate, Akshit Sawal, Advocate, A.K. Soni, Advocate, Pavan Kumar Vashishth, Advocate

JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Appellant (owner of the offending vehicle) impugns judgment dated 18.09.2020 passed by the Motor Accident Claims Tribunal to the limited extent that it grants recovery right to the insurance company i.e. respondent No.7 against the appellant as well as the driver of the offending vehicle.

3. Learned counsel for the appellant submits that the driver has already expired.

4. Learned counsel for the appellant submits that the driving license of the driver was valid upto 10.11.2014 and the subject accident took place on 05.12.2014.

5. He submits that in terms of second proviso to Section 14 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) the driving license continues to be effective for a period of 30 days from the date of its expiry and as such the Tribunal has erred in holding that the driver was not holding a valid driving license at the time of the accident and there is a violation of the terms and conditions of the insurance policy.

6. Learned counsel relies on the decision of a coordinate bench of this Court dated 09.01.2019 in MAC.APP.866/2017 titled New India Assurance Company

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