Motor Vehicles Act, 1988. Expiry of license for a long time. insurer Valid driving license expired and not renewed beyond grace period of one month and for three years. Negligence on the part of the owner. Insurer NOT liable.
1. The sole question of law for consideration in the present appeals is whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability.
2.The facts are in a very narrow compass. The first respondent herein, met with an accident on 20.5.1999 while driving a truck ownedby the appellant herein, under whom he was gainfully employed. The consequence for the first respondent was 20 per cent permanent disability. The first respondent herein filed a petition under the Workmen’s Compensation Act, 1923 (hereinafter referred to as ‘the Compensation Act’) before the Commissioner, Sadar, Bilaspur on17.2.1999 seeking compensation of an amount of Rs.5,00,000/-,impleading the appellant and second respondent herein – the insurance company which had insured the vehicle. These proceedings resulted in an award by the Commissioner on 8.12.2004 granting Rs. 94,464/- for the injuries suffered and Rs.67,313/- towards medical expenses of the first respondent. The amounts awarded were to carry interest @ 9 percent per annum from the date of filing of the application till the date of payment. The compensation amount was mulled on to the second respondent as insurer, while the interest was directed to be paid by the appellant....
Judgment delivered by...
SANJAY KISHAN KAUL, J.
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https://main.sci.gov.in/supremecourt/2009/29334/29334_2009_36_1501_24048_Judgement_23-Sep-2020.pdf
