IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. OF 2025 (Arising out of SLP(C) Nos.21548-21549/2019)

NEW INDIA ASSURANCE CO. LTD. APPELLANT(S)

VERSUS ROHITASH GURJAR & ORS. RESPONDENT(S)

ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. One of the submission of the learned counsel for the appellant-Assurance Company is that the driver of the vehicle was not possessing a valid driving license as on the date of accident i.e., 07.04.2016.

4. Admittedly, the license of the driver had expired on 08.01.2016. He had applied for its renewal after the expiry of 30 days and thereafter, the license was renewed with effect from 11.04.2016.

5. It is settled law that if the renewal of license is not applied within 30 days, it will be deemed to be renewed from the date of renewal and will not relate back to the date of expiry.

Signature Not Verified

6. In view of the above, since the driver has SNEHA DAS Date: 2025.05.09

18:06:36 IST Reason: applied for the renewal of the license after the expiry of 30 days and it was renewed on 11.04.2016, it is crystal clear that he was not possessed of any license as on 07.04.2016, the date of accident.

7. In view of the above, the appeals are allowed and the impugned order passed by the High Court dated 09.01.2019 is modified. Accordingly, the recovery rights granted to the Assurance Company by the Tribunal stand(s) restored.

8. Pending application(s), if any, shall stand disposed of.

…………………………………………………...J.

[PANKAJ MITHAL]

…………………………………………………...J.

[S.V.N. BHATTI]

NEW DELHI;

MAY 08, 2025.

SD

ITEM NO.1 COURT NO.15 SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos. 21548-21549/2019 [Arising out of impugned final judgment and order dated 09-01-2019 in MACAPP No. 86/2018 and 09-01-2019 in MACAPP No. 866/2017 passed by the High Court of Delhi at New Delhi]

NEW INDIA ASSURANCE CO. LTD. PETITIONER(S)

VERSUS ROHITASH GURJAR & ORS. RESPONDENT(S)

Date : 08-05-2025 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. T. Mahipal, AOR Mr. Rohit Kumar Sinha, Adv.

Mr. Indrajeet Singh, Adv.

For Respondent(s) Ms. Ankita Chaudhary, AOR Mr. Shreyas Balaji, Adv.

Mr. Chand Kapoor, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1. Leave granted.

2. The appeals are allowed in terms of the signed order which is placed on the file.

3. Pending application(s), if any, shall stand disposed of.

(SNEHA DAS) (NIDHI MATHUR)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)