Arun Kumar Goel, J. (Retd.) President: - When this appeal came up for consideration today, learned Counsel for the parties stated that the sole question involved in it is, as to what is the effect of a driving licence having been renewed beyond the period of thirty days, after the date of its expiry. It was also stated by them that if this Commission comes to the conclusion that even when renewal is affected after thirty days of the date of expiry of driving licence it will date back to the date of expiry, appeal has to be dismissed. In the event of contrary view being taken, this appeal has to be allowed.

2. In view of the above limited legal question involved in this appeal we are referring to only those facts which are material for deciding this appeal. Licence of the driver who was driving vehicle bearing registration No. HP-34-A 2693 when it met with accident had admittedly expired on 20.8.2003. As such in consonance with the provisions of Section 14(2) last proviso of Motor Vehicles Act, 1988 in case he had got it renewed by or before 19.9.2003, it was to date back to the date of expiry i.e. 20.8.2003. Further according to the learned Counsel for the parties licence was got renewed after 19.9.2003, i.e. grace period allowed under Section 14(2) last proviso of trie Motor Vehicles Act, 1988.

3. For ready reference Sections 14 and 15 first proviso of the Motor Vehicles Act, 1988, are extracted herein below :- "14. "Currency of licences to drive motor vehicles. - (1) A learners 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 issued of the licence. (2) a driving license issued or renewed under this Act shall, (a) in the case of a licence to drive a transport vehicle, be effective for a period of three years : (xx) Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and (b) In the case of any other licence,- (i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of (fifty years) on the date of issue or, as the case may be renewal thereof, - (1) be effective for a period of twenty years from the date of twenty years from the date of such issue or renewal; or (2) until the date on which such person attains the age of (fifty years), whichever is earlier; (ii) If the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal; Provided that every driving license shall, notwithstanding its expiry under this sub-section continue to be effective for a period of thirty days from such expiry. (Emphasis supplied)

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; (Emphasis supplied)

4. In the face of aforesaid facts and legal background, learned Counsel for the appellant after placing reliance on decision of this Commission in Appeal No. 54 of 2004 titled Sh. Todar Mai Verma v. United India Insurance Company Ltd., decided on 22.12.2005 submitted that this appeal deserves to be allowed in the face of the admitted facts. On the other hand, Sh. Prashant Pandey learned Counsel for the respondent placed reliance on a decision of Supreme Court in the case of National Insurance Company Ltd. v. Swaran Singh and others, connec