This appeal is filed under Section-173(1), of the

Motor Vehicles Act, 1988 (hereinafter referred to as 8MV

Act9

for

brevity)

by

the

appellant

-

petitioner,

challenging the judgment and award dated 02.05.2011,

passed in MVC No.5749/2009, on the file of MACT, at

Bangalore (hereinafter referred to as 8the Tribunal9 for

brevity).

Brief facts of the case of the appellant is

that on 10.07.2009 at about 4.30 p.m., the appellant

was

riding

his

motor

cycle

bearing

registration

No.K.A.04-ES-2410

from

Peenya

towards

Madanayakanahalli when he came near Padmavathi

Kalyana Mantapa, Bangalore, and when he was taking U

turn, the lorry bearing No.K.A.21-7340 without following

the traffic rules, came from Tumkur side and struck the

motor cycle of the appellant. Due to the impact, the

- 3 -

appellant fell down and sustained grievous injuries.

Immediately the appellant was shifted to life line

hospital and from there he was shifted to Columbia Asia

hospital where he took treatment as inpatient for a

period of 6 days in the said hospital and he underwent

closed

reduction

internal

fixation

and

wound

debridement. It is stated that, the appellant has spent

Rs.3,00,000/-

towards

treatment,

medicines,

conveyance and nourishment charges. Hence the

appellant filed the claim petition before the tribunal for

compensation under general and special damages

against the respondents.

3.

The Tribunal has fixed liability on the 2^nd

respondent 3 owner of the vehicle to pay compensation

and dismissed the claim petition against respondent 3

insurance company. Therefore, being aggrieved by

fixing the liability on the owner of the vehicle, the

claimant had preferred the present appeal.

4.

The Tribunal had determined compensation

and

directed

the

2^nd

respondent

to

pay

the

compensation and dismissed the claim petition against

- 4 -

respondent No.1 3 Insurance company. The Tribunal

had given finding and reasons for fastening liability on

the respondent No.2 owner that the accident was

occurred on 10.07.2009, the driving licence was in force

and valid till 10.03.2009. Thereafter the said driving

licence was renewed on 24.12.2009. Therefore, after

expiry of the validity period, the above said accident has

occurred on 10.07.2008 and on this date, there was no

valid driving licence and the driving licence was not in

force. Therefore, on this ground the Tribunal has

directed the 2^nd respondent 3 owner of the offending

vehicle to pay the compensation.

5.

The learned counsel appearing for the

appellant submitted that though the driving licence was

expired prior to the accident and got renewed after the

accident and the driving licence was not in force as on

the date of the accident, but order for pay and recovery

can be made. In this regard, he has placed reliance of

the Hon'ble Apex Court in the case of Singh Ram v.

Nirmala and Others reported in 2018 (3) SCC 800

and New India Assurance Company Ltd., Vs.

Yellavva and another reported in 2020 ACJ 2560.

- 5 -

Therefore, prays for issuing direction to the 1^st

respondent 3 insurance company of the offending

vehicle to pay the compensation at first instance, then

recover from the 2^nd respondent 3 owner, as the

appellant is the 3^rd party as per Section 147 of the MV

Act.

6.

On the other hand, learned counsel for

respondent

No.1

insurance

company

vehemently

submitted that, admittedly as it is proved that there is

no valid and effective driving licence as on the date of

the accident. The driving licence was expired much

prior to the accident and it is not renewed within the

prescribed period. The driver of the aforesaid vehicle

was not holding driving licence and it was renewed on

24.12.2009, the insurance company is not liable to pay

the compensation. Therefore, submitted that the

decision of the Tribunal is correct in observing the

insurance company not to pay the compensation.

7.

In the present case it is not disputed that

the accident occurred on 10.07.2009. It is also not

disputed that the driver of the offending