Arun Kumar Goel, J. (Retd.) President: - Sole question involved in this appeal is, what is the effect of renewal of a driving license beyond period of thirty days from the date of its expiry as envisaged under Section 15 of the Motor Vehicles Act, 1988? In case renewal is to date back to the date of expiry even when the license is renewed beyond thirty days of its expiry, appeal has to be allowed. Otherwise there is no infirmity in the order of the District Forum. For ready reference, Section 15(1) First Proviso of the Motor Vehicles Act, 1988, which is relevant for determining the controversy involved in this appeal is extracted herein below :- "15. Renewal of driving licences. - Any Licensing Authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry : Provided that in any case where the application for the renewal of a licence is made more than thirty days after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal."

2. Facts regarding which learned Counsel for the parties were not at variance at the time of hearing of this appeal, also need to be noted briefly. Vehicle bearing registration No. HP-33-3387 is owned by the appellant. It was insured with the insurer-respondent in the sum of Rs. 5,00,000/-. During the currency of the insurance policy, it met with an accident on 30.6.2001 near village Ram Bag Salnoo, P.O. Barmana, District Bilaspur at about 8.00 p.m. Intimation of this accident was given to the respondent. Surveyor was appointed to get the spot surveyed. Thereafter loss was got assessed by the respondent from M/s. Eminent Surveyors, who assessed the loss to the vehicle at Rs. 44,104/-. Claim was lodged with the respondent. Appellant amongst other things was called upon to produce the registration certificate and the driving licence of the driver who was on the wheel at the time of accident, besides other documents. Despite the needful having been done, instead of setting the claim, it was repudiated on 4.1.2002. Sole ground for repudiation of the claim was that the driver was not holding a valid and effective driving licence on the date of accident i.e. 30.6.2001, thus there was violation of the provisions of Motor Vehicles Act, 1988. In this background, complaint was filed before the District forum below. Besides Rs. 56,000/- a sum of Rs. 3,000/- as litigation charges Rs. 20,000/- as compensation for mental agony and suffering, interest @ 18% per annum plus Rs. 3,000/- was claimed by the respondent.

3. Admittedly, accident had taken place on 30.6.2001. Driver of the appellant could have got his driving license renewed within thirty days of the date of its expiry. Driving license being valid from 26.8.1977 to 25.8.2000 is another fact that is relevant in this case and is being noted. This fact is also not in dispute. Instead of getting it renewed within thirty days as required under Section 15(1) First Proviso supra, it was got renewed on 15.10.2001 with effect from 25.8.2000 to 4.8.2003.

4. Faced with the above facts, Mr. Thakur on behalf of the appellant by placing reliance on a Full Bench decision of the Kerala High Court in Oriental Insurance Co. Ltd. v. Paulose, 2004(1) Transport and Accident Cases 713, submitted that this appeal deserves to be allowed and claim of his client accepted. Shri Thakur also placed reliance on the decision of the Honble Supreme Court in United India Insurance Co. Ltd. v. Lehru and others, AIR 2003 SC 1292 as well as of the National Commission in The New India Assurance Co. Ltd. v. Kishan Bhai, 2005(1) CPR 40 (NC) and National Insurance Co. Ltd. v. Sant Kumar Goyal, 2005(1) CPR 45 (NC). On the other hand, learned Counsel for the respondent-Insurance Company relied upon the decision of this Commission in Appeal No. 177/2002 titled United Insurance Co. Ltd. v. Shri Shyam Lal and another, decided on 3.6.2003. This judgment is based on the decision o