FAO No.2578 of 2003(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.2578 of 2003(O&M) Decided on : September 25, 2009 New India Assurance Company ... Appellant VERSUS Smt.Punia Devi and others ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Suman Jain, Advocate assisted by Mr.Man Mohan, Advocate for the appellant. Mr.Ravinder Arora, Advocate for the respondent - Insurance Company. A.N.JINDAL, J.- Challenge in this appeal preferred by New India Assurance Company (herein referred as the appellant) is to the award dated 15.2.2003 passed by Motor Accident Claims Tribunal, Ambala, whereby, the Tribunal held that respondent Chhotu Lal (herein referred as the driver), driver of truck bearing Reg.No.CHW-3748 (herein referred as the offending vehicle) was holding a valid driving licence on the date of the accident i.e. 30.4.1993 and awarded compensation against the appellant and respondents No.3 to 5. Earlier the Motor Accident Claims Tribunal, Ambala had passed an award of Rs.1,44,000/- in favour of the claimants – respondents FAO No.2578 of 2003(O&M) [ 2 ] No.1 and 2 (herein referred as the claimants) against the driver and respondents No.4 and 5 on 2.1.1996, against which, respondent No.5 approached the High Court by way of filing Civil Revision No.3810 of 2000, whereupon, the matter was referred back to the Tribunal with a direction to allow respondent No.5 to lead his evidence by way of tendering into evidence the driving licence of the driver. Now, vide the impugned award dated 15.2.2003, the Tribunal has held that the driver was holding a valid driving licence on the fateful day, which finding has now been assailed by the appellant. Arguments heard. Record perused. Inderbir Singh, Registration Clerk of the office of the Licensing Authority, Chandigarh, has appeared in the witness box as RW1 and deposed that their office had renewed driving licence of the driver bearing No.228299 w.e.f. 11.12.1993 to 10.9.1998. It is not in dispute that a person, in the absence of a valid driving licence on the day of accident, liability could not be fastened upon the appellant, but in the present case, the accident had taken place on 30.4.1994, whereas, the driving licence was got renewed on 11.12.1993. The issue of validity of the licence on the day of the accident has well been considered by the Tribunal while referring to the judgment delivered in case National Insurance Company vs. Sucha Singh, 1(1994) ACC 215, wherein, the licence was held to be valid even when it was renewed after the date of accident. No doubt, that if a fake licence is renewed, it gets no validity under Section 15 of the Motor Vehicles Act, 1988, but in the instant case, FAO No.2578 of 2003(O&M) [ 3 ] the Insurance Company has failed to prove if the licence held by the driver was fake one. The un-rebutted testimony of Inderbir Singh (RW1) proves that the driver of the offending vehicle was holding a valid and effective driving licence on the day of accident. No other point was raised. Finding no merit in the appeal, the same is hereby dismissed. September 25, 2009 ( A.N.JINDAL ) `gian' JUDGE