- (1.) This is an appeal under Section 173 of the Motor Vehicles Act against the impugned award dated 29.5.2002 passed by the Motor Accident Claims Tribunal, Faizabad in Motor Accident Claims Case No. 189 of 1999.
(2.) The controversy raised on 20.9.1999 at about 2:00 P.M. on Lucknow-Faizabad Road in which the deceased Prakash Singh suffered with an accident with the appellants who was a pillion rider suffered with an accident by a jeep bearing no. UP 50 B/1600.? The Tribunal has awarded compensation to the tune of Rs. 3,60,000/- along with interest at the rate of 9 per cent per annum to the respondent no. 1 to 5.
(3.) The solitary argument advanced by learned counsel for the appellant is that on the date of 20.9.1999, the vehicle was not insured and was not having valid driving licence. The licence was granted for the period from 15.9.1994 to 14.9.1997. Thereafter it was renewed on 21.9.1999. The accident occurred on 20.9.1999. Learned counsel for the appellant has relied upon the judgment of the Hon'ble Apex Court passed in Civil Appeal No. 1537 of 2009 (Bhuwan Singh Vs. M/s Oriental Insurance Co. Ltd. & Anr.). Hon'ble Supreme Court of India in the case of Bhuwan Singh held that driving licence shall deem to be valid from the date of registration, in case renewal is done beyond the period of 30 days from the date of expiry. The Apex Court relied upon the earlier judgment reported in (Ram Babu Tiwari Vs. United India Insurance Company Ltd. & Ors.,2000 8 SCC 165). Relevant portion of the judgement of Bhuwan Singh is reproduced hereinbelow: "14. The Act provides for grant of a learner's licence. It indisputably is a licence within the meaning of provisions thereof. A person holding a learner's licence is also entitled to drive a vehicle but it is granted for a specific period. The terms & Conditions for grant of a learner's licence are different from those of a regular licence. Holding of a learner's licence is imperative for filing an application for grant of licence as provided for in Rule 4 of the Rules. Converse however is not true. Only because the appellant held a learner's licence which had expired and was not valid on the date of accident he cannot be said to be duly licensed. It is true that despite expiry of a regular licence, it may be renewed, but no provision has been brought to our notice providing for automatic renewal of learner's licence. In Ram Babu Tiwari Vs. United India Insurance Co. Ltd. & Ors., 2008 8 SCC 165 this Court held: "18. It is beyond any doubt or dispute that only in the event an application for renewal of licence is filed within a period 30 days from the date of expiry thereof, the same would be renewed 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 driving the same. The said fact was within his special knowledge. Burden of proof, therefore, to prove the same was on him. He did not examine Diwan Singh.";