TMI Blog2009 (3) TMI 1088X X X X Extracts X X X X X X X X Extracts X X X X ..... It hit Paras Gubbar (deceased), son of Shri Harish Chandra Gubbar while he was riding on a cycle. He was aged about 19 years. He sustained an injury on his head and died on the spot. His legal heirs and representatives filed a claim petition before Motor Accidents Claim Tribunal, Nainital which was registered as M.A.C.P. No. 86 of 2001. An award of ₹ 1,32,000/- was passed in favour of the said applicants/claimants. In the said proceedings, appellant inter alia raised a plea that the tractor was being driven by one Diwan Singh and the appellant being the owner thereof was sitting by his side whereafter he ran away. Villagers stopped the vehicle and a first information report was lodged against him alleging that he had been driving t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f of the appellant would submit: (i) No issue having been framed despite a specific plea having been raised by the appellant that he had not been driving the tractor, the tribunal and consequently the High Court committed a serious error in passing the impugned judgment. (ii) Appellant at the relevant time must be held to have been holding an effective licence as he had been granted a learner's licence earlier, the finding of the Tribunal and consequently the High Court exonerating the insurance company from its liability to reimburse the owner in respect of the awarded amount suffers from serious legal infirmity. (iii) Having regard to the statutory duties imposed upon the insurance company to reimburse the owner of the vehicl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learner's licence. It expired on 22-12-2000. The accident took place on 5-01-2001. He applied for grant of a regular licence only on 22-01-2001, whereafter only the licence was granted to him. Rule 14 of the Central Motor Vehicle Rules, 1989 provides for the manner in which an application for driving licence is to be filed. Such an application is to be filed in form 4 and is required to be inter alia accompanied by an effective learner's licence to drive the vehicle of the type to which the application relates. 12. Different provisions in the Motor Vehicle Act as also rules framed thereunder exist for filing applications for grant of learner's licence and a licence. Whereas an application for grant of a learner's licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ewed automatically which means that even if an accident had taken place within the aforementioned period, the driver may be held to be possessing a valid licence. The proviso appended to Sub-section (1) of Section 15, however, clearly states that the driving licence shall be renewed with effect from the date of its renewal in the event the application for renewal of a licence is made more than 30 days after the date of its expiry. It is, therefore, evident that as, on renewal of the licence on such terms, the driver of the vehicle cannot be said to be holding a valid licence, the insurer would not be liable to indemnify the insured. 15. Appellant herein raised a specific plea that he was not driving the vehicle and one Diwan Singh was dr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 149 of the Act, the insurance company would be liable to pay the awarded amount to the claimants provided the accident is covered by the terms of the policy, although the burden in respect thereof would be in the insurance company. 20. It is now well-settled in view of Section 58 of the Indian Evidence Act that facts admitted need not to be proved. 21. The question as to whether the appellant was holding a valid licence or not was within his knowledge. The driver was to show that he held licence in respect of the vehicle for which he had filed an application. Filing of an application and grant thereof would therefore are pre-requisite for holding a valid and effective licence. 22. As on 5-01-2001 the appellant was not duly li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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