JUDGMENT RELATED TO DRIVING LICENSE AND MV ACT PART 6

 

JUDGMENT RELATED TO DRIVING LICENSE AND MV ACT PART 6

Fake DL report of Transport Authority was not proved in accordance with law and excluded from evidence. Order of pay and recover passed.

2012 AAC 3344 (Del), Beer Pal v/s Arvind Kumar.

2012 AAC 3366 (Del), O.I.Com. v/s Pritam Kumar

Burman.

Endorsement on licence defence of whether can be allowed at the stage of 140?HeldNo.

2013 ACJ 598.

International Driving Licence – Since such licence is not endorsed by the Competent Licencing Authority, IC cannot be held responsible but order of Pay and Recover passed.

2015 ACJ 2502 (P&H).

When trailer/Trolley is attached with the tractor and driver of such vehicle is hold licence to drive

tractor, and accident occurred, whether in such

situation, IC can be exonerate on count that driver

was not holding licence to ply trailer/Trolley

attached to tractor. Held ; No.

2016 ACJ 1988 (P&H)

IC took the plea that driver has deposed that he had misplaced DL in June 2009 and, therefore, owner has seen the DL of Driver in the year 2011 cannot be believed – However driver has mentioned that he traced out in the month of September, 2009 and said fact has also been recorded by police – contrary stand taken by driver cannot render the veracity of words of owner that prior to handing over the vehicle to the driver he had verified the details of the DL.

2003 ACJ 11 (SC) – UII Com. vs. Lehru relied upon.

2017 ACJ 360 (Del)

U/S 134 (c) IC took defence that it is the duty of

the driver to supply information to IC with respect

to particulars of his Driving Licence – Driver and

owner were ex parte – no application was moved by IC to direct the driver and owner to do the needful as provided u/s 134(c) of the M V Act – whether in such circumstances, IC can be exonerated from its liability? Held ; No.

2017 ACJ 1527 9(P&H)

While parking the vehicle driver came in contact with high tension live wire and sustained serious injuries and dies – whether entitled to get compensation under the M V Act? Held; Yes.

Even defence if IC that he had valid licence would not be a good defence as accident did occured because of lack of licence 2017

ACJ 1829 (All) – 2004 ACJ 1 – Swaran Singh

followed.

DL – Clerk of RTO deposed that driver's licence for

valid for five years only – In fact licence depicts

the fact that it was valid for the period of 20 years

from the date of issue. Section 14(2)(b) also

provides that – deposition of clear of RTO can't be

believed.

2018 ACJ 1259 (SC)Compaq

International v/s. Bajaj Allianz.

The effect of fake license has to be considered in

the light of what has been stated by the Hon’ Supreme Court in New India Assurance Co., Shimla V/s. Kamala and Ors., 2001 4 JT 235. Once the license is a fake one the renewal cannot take away the effect of fake license. It was observed in Kamla's case (supra) as follows:

"12. As a point of law we have no manner of doubt that a fake licence cannot get its forgery

outfit stripped off merely on account of some

officer renewing the same with or without

knowing it to be forged. Section 15 of the Act

only empowers any Licensing Authority to "renew

a driving licence issued under the provisions of

this Act with effect from the date of its

expiry". No Licensing Authority has the power to

renew a fake licence and, therefore, a renewal

if at all made cannot transform a fake licence

as genuine. Any counterfeit document showing

that it contains a purported order of a

statutory authority would ever remain

counterfeit albeit the fact that other persons

including some statutory authorities would have

acted on the document unwittingly on the

assumption that it is genuine".

Motor Vehicles Act, 1988 S.15, 149 liability

Of insurance company Tribunal opined that respondent insurance company was not liable to indemnify insured no valid and effective driving licence nor renewal of driving licence whether

to be considered as violation of terms of insurance policy held, it was found that driver of vehicle was not having valid licence on date of accident as licence was not renewed within thirty days of its expiry renewal after 30 days will have no retrospective effect there is a breach of condition of contract insurance company will have no liability in present case order of Tribunal as well as High Court upheld

2008(8) SCC 165 –Ram Babu Tiwari

When payment for renewal of licence is not the pre Condition and same was not paid, it can not held that since payment is made after the the period of 30 days, licence issued there after can not came with retrospective effect.

2019 ACJ 65 (SC) OI Com. v/s. Mathu Ram