IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 MACA.No. 640 of 2003(P) ----------------------------------- OPMV.54/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANTS/1ST AND 2ND RESPONDENTS --------------------------------------------------------------- 1. DEVASSY, S/O. PAILY, KANNAMPUZHA HOUSE, MEKKAD P.O. 2. SMT.JESSY DEVASSY, W/O. DEVASSY, KANNAMPUZHA HOUSE, MEKKAD P.O. BY ADV. MR.V.RAJENDRAN (PERUMBAVOOR) MR.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS/3RD RESPONDENT AND PETITIONER ----------------------------------------------------------------------------- 1. SATHISH PETER, S/O. PETER, PATTUPARAMBIL HOUSE, MEKKAD P.O. 2. THE ORIENTAL INSURANCE COMPANY LTD., SOUTH JUNCTION, CHALAKKUDY. R2 BY ADV. MR.M.JACOB MURICKAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.640 OF 2003 ............................................. Dated this the 14th day of September, 2009 J U D G M E N T This is an appeal preferred by the owner and driver in OP(MV)No.54/1998 of the Claims Tribunal, Perumbavoor. The short question that arises for determination is regarding the liability of the appellant herein to reimburse the amount given by the insurance company to the third party. The Tribunal found that the driver did not have any valid driving licence and therefore held that it is incumbent upon the part of the owner and driver to reimburse the amount. The learned counsel would contend that the licence expired on 26.5.1996. The accident took place on 1.5.1997. The licence was renewed on 8.5.1997 or in other words the licence had been renewed only after a period of almost one year after the accident. Now the position is well settled that if a licence expires and that licence is renewed within the statutory period of 30 days, it will relate back to the old date and therefore it can be held that there was a valid driving license on the date of the accident. So far as : 2 : M.A.C.A.NO.640 OF 2003 this case is concerned, the licence is renewed only after a period of one year which is certainly beyond the statutory requirement. This position has been considered by the Apex Court in the two decisions reported in Ishwar Chandra v. Oriental Insurance Co. Ltd (2007 910) SCC 650) and National Insurance Co. Ltd. v. Vidhyadhar Mahariwala (2008 (12) SCC 701). In Ishwar's case the court held that motor accident occurring after deemed 30 day grace period provided for under Section 15(1) proviso after expiry of licence but before renewal application had been filed. Reiterated in such a case owner did not have any right to be indemnified by insurer. In National insurance company's case it was held that driving licence valid before the date of accident and subsequently renewed after such date it was held that insurance company would have no liability in a case of this nature. So, in the light of the above two decisions of the Apex Court, the insurance company is entitled to at least get reimbursement of the amount paid by it to the claimant by even applying the dictum in Swaran Sing's case. This is : 3 : M.A.C.A.NO.640 OF 2003 what has been precisely done by the Tribunal and therefore there is no merit in the appeal and it is dismissed. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.640 OF 2003