Gujarat High Court
New India Insurance Co Ltd vs Shantaben Samantsinh Bariya & 3 on 5 September, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/FA/2304/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2304 of 2014
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NEW INDIA INSURANCE CO LTD....Appellant(s)
Versus
SHANTABEN SAMANTSINH BARIYA & 3....Defendant(s)
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Appearance:
MR GC MAZMUDAR, ADVOCATE for the Appellant(s) No. 1
MR HG MAZMUDAR, ADVOCATE for the Appellant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 05/09/2014
ORAL ORDER
1. The present First Appeal is filed by the New India Insurance Company Ltd. being aggrieved by judgment and award dated 10.01.2014 passed by the Motor Accident Claims Tribunal (Auxi.), Panchmahals at Godhara in MACP No.974 of 2006.
2. Learned Advocate Mr.H.G.Masmudar for the appellant places on record copy of communication dated 13.08.2014 addressed to the Divisional Manager, New India Insurance Company Ltd. by Mr.V.B.Trivedi, Advocate. It is mentioned in this communication that:-
"Please note that, actually as per photo copy of DL-it is-"dt-24/3/2--3 to dt-23/3/2006" but Page 1 of 2 C/FA/2304/2014 ORDER it is typographical error in the written arguments para-03 - pg-05-which mention-"dt- 24/3/2003 to dt-23/3/2000". Kindly do needful for the same and hence you are requested to obtain RTO-Certificate DL of deceased Mr.Dilipsingh."
2.1 Learned Advocate also produced information of a Smart Card Driving Licence (Gujarat State), wherein the name of the holder is Baria Dilipsinh Samantsinh. It is mentioned that, "Validity for Non-Transport Vehicle:
14/02/2002 to 13/02/2022" and "Validity for Transport Vehicle: 24/03/2003 to 23/03/2006".
2.2 Learned Advocate submitted that as the date of accident is beyond even 30 days from the date of expiry of the licence, renewal of the licence after expiry of 30 days will be from the date it is renewed and there will not be retrospective validation of the driving licence.
3. ADMIT.
(RAVI R.TRIPATHI, J.) SHITOLE Page 2 of 2