By Sri. MOHANDASAN.K, PRESIDENT

Case of the complainant is that: -

1.         The complainant is a lawyer practicing at Manjeri bar since 1987 onwards. The opposite party issued a driving license number M/8985/01 to the complainant in the year 2001 authorizing to drive light motor vehicle and two-wheeler showing the period of validity from 22/11/2001 to 21/11/2021. Since the validity of the driving license expires on 21/11/2021 the complainant approached the opposite party for renewal of driving license with necessary papers including the certificate issued by the eye specialist with necessary amount as charge for renewal of the driving license. The opposite party told the complainant that the validity of the driving licensees has been expired in the year of 2009 itself and the validity period shown in the driving license is not correct.  The opposite party directed the complainant to pay an amount of Rs.8,000/- as fine for not renewing the driving license from the year of 2009 onwards. The validity period of the driving license issued to the complainant has been entered by the opposite party itself and at present the opposite party directing the complainant to pay heavy amount as fine for the mistake committed by the opposite party itself. The opposite party has not reminded the complainant so far regarding the mistake committed by them. The complainant submit that it is the duty of the opposite party to inform the matter to this complainant much earlier before the expiry period of the driving license as it is a high risk to drive motor vehicles without having a valid driving license. The complainant being a practicing lawyer is highly bothered about the consequences of the absence of valid driving license.  The submission of the complainant is that if the opposite party was prepared to give a hint to the complainant about the expiry period of the driving license, the complainant would have renewed the same in the year 2009 itself. The complainant submits that if any payment of fine is required in this issue the opposite party may be directed to pay the same and the complainant may not be penalized for the mistake committed by the opposite party.

2          The complainant contacted opposite party in order to get a remedy for renewing the driving license without payment of fine for the mistake committed by opposite party, but no favorable response has been received from opposite party.  The complainant alleges the act of the opposite party is against natural justice and amounts gross negligence and deficiency in service and to be redressed. The prayer of the complainant is to direct the opposite party to renew the driving license of the complainant without any fine for renewal. The complainant also prays for Rs. 1,00,000/-as compensation on account of mental agony and hardships suffered by the complainant and also cost of Rs.25,000/-.

3.         On admission of the complaint notice was issued to the opposite party and it was served on 07/12/2021. The opposite party not turned up on the day of posting and so he was set exparte. The complainant was directed to file affidavit and documents in support of evidence. The complainant filed affidavit and documents in lieu of evidence. Documents of the complainant marked as Ext.A1 to A3. Ext. A1 is copy of driving license. Ext. A2 is copy of certificate issued by ophthalmologist dated 16/11/2021. Ext. A3 is copy of medical certificate issued by the medical officer dated 16/11/2021.

4.         The opposite party filed version on 18/12/2021, but no affidavit filed. The contention in the version is that the opposite party had issued driving license as stated in the complaint but as per section 14 of the Motor Vehicles Act 1988 the validity of the license is for 20 years or up to the completion of 50 years of age whichever is earlier. As per the version the validity of license recorded in the register maintaining by them is up to 18/09/2009, considering the date of birth of the complainant. But the entry regarding validity made in the driving license issued to the complainant was up to 21/11/2021, which is a mistake. Hence as per law the license holder has to remit fine and also to undergo necessary driving test and then only license can be renewed. The opposite party produced backlog of driving license, register of driving license and also relevant provision from the Motor Vehicles Act. Though the documents are not marked and affidavit is not seen filed, the Commission has verified the contents in the documents. The submission of the opposite party is that the register of driving license shows the validity of the driving license is up to 08/09/2009. But there are minor corrections in the document. It can be seen that date of entry of data in the back log of driving license is on 17/12/2021 which is after the date of filing of this complaint. It is also to be noted that the section 14 quoted from the Motor Vehicle Act 1988 is not correct. As per recent amendments section 14 of motor vehicles act 1988 has under gone drastic changes and it read as follows:

5.         Section 14. Currency of licenses to drive motor vehicles – (1) A learner’s license issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the license.

(2) A driving license issued or renewed under this Act shall, -

(a) in the case of a license to drive a transport vehicle, be effective for a period of [ five years]: [xxxx]

3[ Provided that in the case of the license to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of [ three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and]]

[(b) in the case of any other license, subject to such conditions as the Central Government may prescribe, if the person obtaining the license, either originally or on renewal thereof, -

1. has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or
2. has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or
3. has attained the age of fifty years but has not attained the age of fifty five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or
4. has attained the age of fifty five years on the date of issue or as the case may be, renewal thereof , be effective for a period of  five years from the date of such issue or renewal] 

6.         Now the question herein is not the changes in the provisions but the mistake committed by the opposite party while entering the validity period of the driving license. The holder of the driving license is under the impression that he is having a valid driving license. But due to the mistake of the opposite party the complainant was driving his vehicle during this long period of more than ten years with an invalid driving license. The sole reason for the situation is the mistake of opposite party. It can be seen that section 146 of the motor vehicles act 1988 insist for compulsory insurance and the act prescribe valid effective driving license to drive a motor vehicle also. If an accident occurred in absence of a valid and effective driving silence the insurance company has got right to plea to exonerate the liability.  As a result of the situation the innocent victim of motor accident, driver and owner will be in trouble. Considering the seriousness of the mistake on the part of the opposite party the prayers in the complaint is justified. But we consider the mistake is not willful one but Bonafede. At the same time the complainant may not be penalized for the mistake on the side of the opposite party. It is also to be noted that the provisions to renew the driving license on attaining 50 years may not be in the notice of the holders of driving license. If there are entries in the license in the same way it will not be proper to realize fine from the license holders for the mistake which is not committed by them. The opposite party is responsible to reddress the issue which has got vide social impact. Considering the entire facts in this complaint we allow the complaint as follows: -

1. The opposite party is directed to renew the license M/8985/01 of complainant without realizing any sort of fine and if at all any fine is to be remitted by the complainant that is to be paid by the opposite party.
2. The opposite party is also directed to take appropriate steps to address the issues while issuing driving license considering recent amendment in section 14 of Motor Vehicles Act 1988.

The opposite party shall comply this order forthwith on receipt of application from the complainant.

Dated this 31^st day of January, 2022.