JUDGMENT :

A.L. BAHRI, J.

1. We agree with the final conclusion arrived at by the Motor Accident Claims Tribunal that the Insurance Company would be liable to pay the compensation if the licence had been renewed, though originally it was a faked licence. Some of the observations made by the Tribunal are open to criticism, when the Tribunal gives finding that a faked licence could not be validly renewed, as it is not provided under the Motor Vehicles Act that at the time of renewal no tests are provided. Section 15 of the Motor Vehicles Act reads as under:-

"Renewal of driving licences - (1) 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.

Provided further that where the application for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of 40 years, the same shall be accompanied by a medical certifica