{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.4321 OF 2008 [with CA No.8741/08] National Insurance Co., Ltd., Through Divisional Manager Hazari Chambers, Station Road, Aurangabad. Appellant. VERSUS 01- Kamlakar Trimbakrao Deshmukh R/o Makegaon Tq. Ambajogai Dist. Beed. 02- Umakant Namdeorao Bharajkar R/o Dhangar Galli, Ambajogai. RESPONDENTS. *** Shri S.V.Kulkarni, advocatel for appellant. Shri A.B.Tele, advocate for respondent no.1. *** Coram : K.U.Chandiwal, J. Date: 24th June 2009. P.C.: 01- Heard the counsel for the appellant / insurance company and Mr.Tele for respondent no.1 original claimant. The matter is finally heard at the admission stage as a very short point is involved, to be dealt with without {2} calling the R & P and even notice to the other respondent. 02- Mr.Kulkarni canvassed, on the date of accident i.e., 20th June 2003 there was no valid and effective licence in favour of the driver of the vehicle / respondent Umakant as the licence Ex.54 was effective from 22 June 2006 to 24th March 2013 and according to him the insurance company will be exonerated from the indemnity to meet the claim. In support of his contention Mr.Kulkarni has placed reliance on the following judgments of the Hon’ble Supreme Court. i- National Insurance Co. Ltd., Vs. Meena Aggarwal 2009 [1] TAC 809 [SC] ii- National Insurance Co., Ltd., Vs. Kaushalya Devi & Ors. 2008 DGLS [Soft] 649 iii- National Insurance Co., Ltd. Vs. Swaran Sing & Ors. 2004 AIR SCW 663 03- The law on the point of validity of licence is not the controversy. In these case, there was lapsing of the licence and it was renewed consequently on the date of accident, the respective drivers were observed to be without any licence. 04- The fact in the present case are on different pedestal as in this case in the light of Rule 14 of the Central Motor Vehicles Rules, 1989 which reads as under; {3} 14. Application for a driving licence – [1] An application for a driving licence shall be made in Form 4 and shall be accompanied by, - [a] An effective learner’s licence to drive the vehicle of the type to which the application relates; [b] Appropriate fee as specified in rule 32, for the test of competence to drive and issue of licence; [c] Three copies of the applicants recent [passport size photograph]; [d] Save as otherwise provided in rule 6, a medical certificate in [form 1-a] [e] A drving certificate in form 5 issued by the school or establishemtn from where the applicant received instruction, if any. [2] ......... The licence to respondent Umakant was issued, it is a matter of record. There was an effective learner’s licence to drive the vehicle of the type to which the application was made. Consequently even if the accident has taken place two days prior to issuance of licence, it is more than clear, the respondent Umakant had such learner’s licence with him which empowers him to ply the vehicle. Mere absence of a driving licence by itself {4} will not be a disqualification as on the date of accident, apparently there was a learner’s licence in favour of respondent Umakant. In this scenario of the matter I do not see any merit in the first appeal. Consequently it is dismissed. No costs. The Civil Application No.8741/2008 is disposed of. [K.U.CHANDIWAL] JUDGE /mda/0609/fa4321.08