IMPORTANT POINT
Even if a genuine driving license had expired on the date of accident, but was renewed later on, it would be deemed as if the driver was having a valid and effective license on the date of accident and fulfil the mandate of the statute and the insurer is liable to pay repair charges of the vehicle.

Gurusharan Sharma, President—This appeal is directed against the judgment dated 12.2.2008, passed by West Singhbhum District Consumer Disputes Redressal Forum at Chaibasa, in Consumer Complaint No.122 of 2006, whereby the appellant has been directed to pay the insurance amount of Rs.57,723.00 with interest @ 5% per annum from 20.6.2006 till payment and compensation of Rs.5,000.00 along with litigation cost of Rs.1,000.00 to the complainant-respondent.

2. According to the office report, the appeal is barred by time. Limitation expired on 13.3.2008, whereas the appeal was filed on 10.4.2008. In an application, filed under Rule 8(4) of the State Rules for condonation of delay, it has been stated that true copy of the impugned judgment was delivered on 5.3.2008 and from the said date the appeal was filed on 35th day. Five days delay was caused in completing official formalities, including legal sanction to prefer appeal. These statements are uncontroverted. Hence, delay in filing the appeal is condoned.

3. Admittedly, the complainant’s Palio Car (JH-01E-2500) was insured with the New India Assurance Company Limited for the period from 13.3.2004 to 12.3.2005. Unfortunately, on 21.1.2005 it met with an accident, wherein it was damaged. Nanku Singh, driver of the car lodged FIR, vide Chutia P.S. Case No.8 of 2008, for offence under Sections 279 and 427 of the Indian Penal Code against the driver of the Ambassador Car (BRN-7771), which had dashed her car. The car was repaired by M/s. The Republic Private Limited, Ranchi and the complainant paid a sum of Rs.57,723.00 against receipt No.831 dated 1.9.2005 for the repairing charge. However, the Insurer repudiated her claim for the insurance amount to the tune of Rs. 57,723.00 on 6.10.2005 on the ground that the person, who was driving her car at the time of accident was not competent to drive and, therefore, terms and conditions of the policy were infringed.

4. The complainant filed Consumer Complaint No.122 of 2005 for realization of Rs.57,723.00 as repairing charges and price of spare parts replaced, with interest @ 18% per annum and Rs.50,000.00 as compensation for deficiency in service on the part of the insurer.

5. Driving license is defined in Section 2(10) of the Motor Vehicles Act, 1988 and it does not make any reference to the period of its validity. Section 14 mentions about the period during which a driving license can be said to be effective. On the expiry of the said period, though it ceases to be effective, it does not cease to exist because the holder of the license has an option, in terms of Section 15 to renew it even after expiry of its effectiveness. Even after the period of expiry, to get it renewed, one need not apply for fresh license. He needs to apply only for its renewal. On such renewal it regains its effectiveness. However, if a period of five years has elapsed after driving license had ceased to be effective, then Licensing Authority may refuse to renew the driving license, as provided under Section 15 (proviso) of the Motor Vehicles Act, 1988. But in the instant case this proviso is not applicable as the license was renewed within two years of its expiry.

6. In the present case, admitted position is that Driver of the car possessed a Private Driving License No.3243 of 1986 granted by D.T.O., Ranchi. It was issued on 2.9.1986 and was valid from 2.9.1986 to 1.9.1991 and was not renewed during the period from 2.9.1991 to 7.12.1994 and thereafter was renewed for the period from 8.12.1994 to 7.12.1999. It was further renewed for the period from 8.12.2000 to 7.12.2005. In the meantime, the said driving license was converted from ‘Private’ to ‘Professional’ with effect from 31.12.2001 and was for the period from 31.12.2001 to 7.12.2003 and thereafter it was not renewed and on the date of accident (21.1.2005) it was in lapsed condition. After the accident in question the said driving license was renewed for the period from 7.12.2005 to 7.12.2008.

7. Sections 3,