Mact
Arvind Singh Chauhan
(Querist) 03 January 2013
This query is : Resolved
Sir,
Driver of school bus, who is owner of the vehicle also, had driving license. DL was valid up to 4.12.2012.
Driver who has driving experience of 18 years could not apply for renewal of license due to mistake.
on 07-12-2012 he got accident and collided with bike. and bike rider died at the stop.
Now wife of bike driver has filed claim petition.
Vehicle was duly insured.
Sir, how can driver/owner can escape from liability. Is there any rule for time extension for renewal of DL. Or is there any case law to save the driver from liability. Please refer.
Raj Kumar Makkad
(Expert) 03 January 2013
There is a period of one month for getting renewal and there are lot of such citations which clearly held that the driver in such situation is not liable to compensate and insurance company cannot be exonerated in such situation from its liability to bear the claim.
Arvind Singh Chauhan
(Querist) 04 January 2013
Thanks a lot Sir Please refer these citations. I couldn't find it.
Raj Kumar Makkad
(Expert) 05 January 2013
Please remind me tomorrow during court time on my cell so that I may immediately refer you some relevant citations.
Arvind Singh Chauhan
(Querist) 05 January 2013
Sorry Sir due to hesitation I could not remind you on your cell in office hours.
After the accident, driver has renewed DL on 24 Dec and validity mentioned on this renewed DL is from 24 Dec 2012 to 24 Dec 2015.
I found in Sec 15 of MV Act that if person apply for renewal within 30 days of expiry of license, date of renewal/validity would be from the date of expiry. And if person apply after 30 days of expiry, renewal date would be, the date when the DL is renewed.
In such case should he file an application to correct the mistake of RTO office. as he has applied within 30 days and validity/ or date of renewal should be 4 Dec to---------.
Sir whenever you have time please refer the citations.
