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MVA - Driving Licence

PLR | judgment 24.09.2020 | reported 24.09.2020

Motor Vehicles Act, 1988 (59 of 1988) - Section 149 Driving licence  - Expired - Driving licence having expired led to the natural finding that there was no valid driving licence on the date of the accident - If the driving licence is not renewed within thirty (30) days, the driver neither had an effective driving licence nor can he said to be duly licenced -  The conclusion, thus, was that the driver, who permits his licence to expire and does not get it renewed till after the accident, cannot claim that it should be deemed that the licence is renewed retrospectively.  (2020-4)200 Punjab Law Reporter  249 (SC)

 

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Motor Vehicles Act, 1988 (59 of 1988) - Beneficial legislation - MV Act being a beneficial piece of legislation - While protecting the rights of the claimants by asking the insurance company to deposit the amount, the recovery of the same from the insured would follow as the sympathy can only be for the victim of the accident (2020-4)200 Punjab Law Reporter  249 (SC)

 

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Motor Vehicles Act, 1988 (59 of 1988) Section 149 - Driving licence  - Expired - Whether in case of a valid driving licence, if the licence has expired, the insured is absolved of its liability? - Once the basic care of verifying the driving licence has to be taken by the employer, though a detailed enquiry may not be necessary, the owner of the vehicle would know the validity of the driving licence as is set out in the licence itself - It cannot be said that thereafter he can wash his hands off the responsibility of not checking up whether the driver has renewed the licence - National Insurance Co. Ltd. v. Swaran Singh, (2004-1)136 P.L.R. 510 (S.C.), distinguished. (2020-4)200 Punjab Law Reporter  249 (SC)

 

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