VIRENDRA KUMAR MATHUR,J. - (1.) This miscellaneous appeal under section 173 of the Motor Vehicles Act, 1988 is filed against the award under section 166 of the Motor Vehicles Act, 1988 passed by the Motor Accident Claims Tribunal, Bikaner in case No. 115/1997, Smt. Begum Banoo and Ors. v. Teja Singh and Ors., decided on 13.11.1998 .
(2.) Briefly stated, facts of the case are that on 31.1.1997 at about 07:00 PM, near A.K.Tiles factory on Gangashahar Road at Bikaner, an accident took place. Nek Mohammed was going on his scooter No. RJ-07-M-0294. When he reached near the factory a truck bearing No. P.I.C.5625 came from opposite direction and dashed the scooter thereby Nek Mohammed fell down and got grievous injuries. He was immediately taken to the PBM Hospital but during the treatment he died. The legal heirs of deceased Nek Mohammed filed the claim petition under Sections 166 and 140 of the Motor Vehicles Act. The appellant insurance company filed the written statement with the specific plea that driver Teja Singh was not having the valid licence for driving the truck but the learned tribunal without considering the specific plea and the provisions of the Motor Vehicles act passed the award as aforesaid.
(3.) It was contended that the learned tribunal has erred in considering the driving licence presented in the court by the counsel for the non-applicant respondents No. 9 and 10 at the time of argument. The licence was issued by the District Transport Officer, Amritsar on 8.2.1993 valid upto 7.2.1999, for a period of six years, which is not valid. The licence for heavy heavy goods vehicle is always issued for three years only and not more than three years in any circumstances. The Full Bench of Punjab and Haryana High Court held in National Insurance Company Limited v. Santra Devi and Ors. , that "a forged driving licence though may be validly renewed would not become a valid driving licence or a duly issued driving licence in accordance with the Motor Vehicles Act". As such, the award passed by the learned tribunal requires reconsideration. It was also contended that the learned tribunal has erred in not considering the section 7 of the Motor Vehicles Act, 1988 which put a restriction even on the learner's licence for transport vehicles. "No person shall be granted a learner's licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year". The disputed licence was directly issued for heavy goods vehicle on 8.2.1993 without a valid driving licence for light motor vehicle. As such, the licence in question is a fake and forged licence. The tribunal has not afforded an opportunity to the appellant insurance company to verify the particulars of the driving licence of Teja Singh from the District Transport Office, Amritsar. After investigation it was found that the disputed driving licence is fake and forged. The tribunal should not have taken the copy of the driving licence on record at the time of argument. No other points were raised by the appellant.;