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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Virender Sharma – Appellant
Versus
Manpreet Kaur – Respondent
JUDGMENT :
Alka Sarin, J.
The present appeal has been filed by the appellants (owner and driver of the offending vehicle) aggrieved by the impugned award dated 15.02.2022 passed by the Motor Accident Claims Tribunal, Kurukshetra, (hereinafter referred to as 'Tribunal') on the ground that the Insurance Company (respondent No.6 herein) had been granted recovery rights.
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. Learned counsel for the appellants would contend that in the present case, before the date of expiry of the Driving Licence i.e. 13.07.2017, an application for renewal of the same had been made on 12.07.2017. Learned counsel would further contend that as per Section 15(1) of the Motor Vehicles Act, 1988, if an application for renewal of a driving licence has been filed within a period of 30 days before the date of expiry, the same would be renewed automatically and if any accident had taken place within the said period it would be held that the driver has a valid driving licence. In support of his contentions he has relied upon the judgment of the Hon'ble Sup
The renewal of a driving license is automatic if an application is filed within 30 days before its expiry, thereby validating the driver's status at the time of an accident.
A driving licence remains valid for thirty days post-expiration under Section 14 of the Motor Vehicles Act, preventing insurers from denying liability during this grace period.
The main legal point established in the judgment is the validity of a driving license for 30 days from the date of its expiry as per Section 14 of the Motor Vehicles Act.
The insurance company is exonerated from liability for compensation as the driver lacked a valid driving license, establishing a breach of policy conditions.
Insurance companies must prove negligence or breach of terms by the insured to deny liability, irrespective of license validity.
A driver's license remains valid for 30 days post-expiry, ensuring compliance with insurance policy terms as per the Motor Vehicles Act, 1988.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
If application of renewal of motor vehicle licence is made within 30 days of date of its expiry, licence continues to be effective & valid without a break as renewal dates back to date of its expiry.
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