JUDGMENT AND ORDER :

Heard Mr. S Dutta, learned Senior counsel assisted by Ms. S Muchahari, learned counsel for the appellant. Also heard Mr. M Khan, learned counsel for the respondents.

2. The brief facts of the present case as pleaded by the claimant are that on 26.05.2013 at about 6 p.m. when the claimant No. 1 was riding a motor cycle bearing registration No. AS-19 D-4694 with his wife as a pillion rider all of a sudden one child crossed the road through the front side of the vehicle near Dumerguri Part-III on PWD road under Abhayapuri Police Station and accordingly the claimant No. 1 had to apply sudden breaking, for which he lost control and fell down. The claimant’s wife, namely, Khalida Khatun got grievous injuries, she was shifted to Abhayapur Civil Hospital for treatment, where she succumbed to the injuries and died. Later on, post-mortem examination was done. A police case being Abhayapuri P.S. case No. 131/2013 under Section 279/304 (A) IPC was registered. Accordingly, the claim for compensation of Rs. 5,72,000/- was made before the learned Member, Motor Accident Claims Tribunal, Bongaigaon, which was registered as MAC case No. 140/2013.

3. The Insurance Company/appellant under whom, the motor cycle was insured, appeared before the learned Tribunal below, contested the claim by filing written statement. Amongst others, they took a specific stand that the rider/claimant was not having a valid driving licence. Both the sides led evidence, documentary and oral. From the material available on record certain undisputed facts are discernible, which are also not disputed by Mr. Khan, learned counsel for the claimant can be summarized as follows:

I. The original driving licence was issued to the claimant on 19.10.2004, which was valid up to 18.10.2007 i.e. for a period of 3 years. Such licence was renewed on 17.12.2009 and was valid up to 16.12.2012 i.e. for a period of 3 years. The accident took place on 26.05.2013.

II. The driving licence, which expired on 16.12.2012 was again renewed on 06.10.2015 after the accident and it was made valid up to 30.09.2018 i.e. also for a period of 3 years.

III. The Ext 7, driving licence reflects that the driving licence was issued to the claimant on 19.10.2004. The date of birth of the licencee is 30.05.1983. The licencee is licenced to drive throughout India Motor cycle, LMV Cab, transport only. The driving licence was numbered as 9726/BNG/Proff.

IV. In the aforesaid backdrop, the plea raised and evidence led by the Insurance Company that on the date of accident i.e. on 26.05.2013, there was no valid licence, therefore, the insurance company cannot be fastened with the liability of the compensation, was negated by the learned Tribunal below holding that in terms of Section 14 (2) (b) (i) of the Motor Vehicle Act, 1988, (pre amended Act) the licence is effective for a period of 20 years from the date of issue of licence or reaching 50 years of age by the licencee and as the driver was 30 years old and licence was issued on 19.10.2004 and therefore, even in absence of renewal the driver was having a valid licence on the date of accident.

4. Mr. Dutta, learned Senior counsel for the appellant contends the following:

I. The licence is a transport licence and in terms of the provision of Section 14 (2) (a) of MV Act, 1988 a transport licence can be granted and renewed for three years. As the licence was transport licence Section 14(2)(B)(i) of the MV Act, 1988 shall have no applicability in the present case. Accordingly, learned Tribunal has came to a wrong conclusion.

II. Mr. Dutta further contends that the last renewal and validity of the licence prior to the date of accident i.e. 26.05.2013 was on 17.12.2009 and it was valid till 16.12.2012. Therefore, on the date of accident the licence was not valid or having no effect of renewal. However, such licence was renewed on 06.10.2015 and was valid till 30.09.2018. Therefore, on the date of accident there was no valid licence. III. The other contentio