Sanjay Misra, J. - (1.) HEARD Sri Amaresh Sinha, learned counsel for the appellant.
(2.) ACCORDING to Sri Amaresh Sinha, the impugned order passed by the Tribunal is patently illegal in view of the judgment of the Hon'ble Supreme Court passed in the case of 'Iswar Chandra & others Vs. Oriental Insurance Company Ltd. & others', reported in, 2007(2) TAC 393 (SC) inasmuch as the accident took place on 16.06.2009 whereas the license of the driver of the vehicle was valid w.e.f. 22.06.2006 to 21.02.2009 and it was renewed only on 19.06.2009 upto 18.06.2011. According to him when the driver of the vehicle did not have a valid driving license on the date of accident i.e. 16.06.2009 the Insurance Company could not be made liable to pay the compensation to the injured. Having considered the submission of learned counsel for the appellant and perused the impugned judgment of the Tribunal, Issue No.2 has been decided with respect to validity of the effectiveness of the license of the driver. The Tribunal has found that the license of the driver expired on 21.02.2009, the accident occurred on 16.06.2009 and the license was renewed on 19.06.2009. It has been recorded that the renewal which has been made would relate back to the date of expiry in view of a Division Bench decision of this Court passed in the case of 'National Insurance Company Vs. Mahadev Rawat & others',, 2010(2) TAC 769 ALD.
(3.) WHILE considering the aforesaid submission as also the findings recorded by the Tribunal and the law cited by learned counsel it will be seen that the Insurance Company can escape from its liability to pay the compensation in case the renewal application was not filed within 30 days of the expiry. From the record no such defence was taken by the appellant and even if the same was the subject matter of argument before the Tribunal no evidence was led to show that the application for renewal given by the driver of the vehicle was made beyond 30 days after expiry of the license. In the absence of any such evidence the findings recorded by the Tribunal with respect to the renewal of the license of the driver of the vehicle on 19.06.2009 relating back to the date of expiry cannot be vitiated.;