Appellant was the complainant before the State Commission.

          The dispute involved between the parties is in very narrow compass.  Appellant got its vehicle insured with the respondent insurance company.  The said vehicle met with an accident on 25.6.2000.  The vehicle was completely damaged.  Appellant lodged a complaint with the respondent insurance company which was

repudiated on the ground that the driver of the vehicle on the date of the accident, did not have a proper and valid driving license.  Aggrieved by this, appellant filed a complaint before the State Commission.

          The State Commission dismissed the complaint by observing thus:

“In this behalf it is evidently clear on a plain reading of Section 15  of the motor Vehicles Act, 1988 that where a licence expires and the applicant applies to the concerned authority for its renewal within 30 days of its expiry, the renewal dates back to the date of expiry.  However in case an application is made beyond 30 days and the licence is then renewed, the renewal is effective from the date on which it is actually renewed and not to any date anterior to its renewal.  This contrary has been set at rest y this Commission in a number of decisions, as well as by the National Commission.  Above all for taking this view we are supported by a recent judgment of 10.7.2009, of the Hon’ble Supreme Court in the case of National Insurance Company Ltd. Vs. Suresh Chandra Aggarwal, 2009 CTJ 962 (Supreme Court) (CP).  Nothing to the contrary has been brought to our notice on behalf of the complainant.”

          We agree with the view taken by the State Commission.  In the present case, the license had expired on 6.9.1997.  The accident took place almost two years and 9 months after the expiry of the validity of the license.  Admittedly, appellant did not have a valid driving license on the date of the accident.

            Counsel for the appellant contends that the license was lying in a Criminal Court i.e. Chief Judicial Magistrate, Noorpur, District Kangra; that the petitioner had applied for release of the same on 07.12.1998 but the same was not released because of which he could not get the license renewed.  We find no substance in this submission.  In case, the appellant did not have a license then he should not have driven the vehicle.  The fact remains that the appellant did not have a valid driving license on the date of the accident.  In the absence of any valid driving license, the insurance company is not liable to reimburse the loss suffered by the appellant.  Dismissed.  No costs.