vinay kumar
in Criminal Law
Asked August 07, 2017

If on date of accident the license was expired what is the effect on case

  • 3 Answers

 One year ago my father met with an accident and got injured but on the day accident happened his lisence date expired. So, in accident case how we can win? 

Answers 3

Respected Sir

Better Advice can be given you only going through your Legal Papers, as there are many possibilities.

The facts given are not sufficient to give you proper legal advice.

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Agree Comment 0 Agrees 2 months ago

Legal Advice

1. Normally the date expires at midnight of the day. So the date & time of the accident is very material.

2.  If it is assume licence is expired on the date of accident then perhaps Insurance Company of your Vehicle may take an objection for breach of contract which will be very technical objection and is required to be handled skillfully.

3. Even if licence is expired on the date of accident it automatically does not proove negligence & rashness of the driver.

4. You can also take defence of contributory negligence..

5. For renewal of licence please see the Rule under Motor Vehicles Act and procedure of renewal. Grase period for renewal is alwaysthere.

Agree Comment 0 Agrees 2 months ago

According to the Motor Vehicles Act,  a licence remains valid for a period of one month after the date of expiry, subsequent to which renewal becomes essential.  In Ishwar Chandra v. Oriental Insurance Corporation, the Supreme Court held that a person cannot be said to be delicensed and the same shall remain valid for a period of thirty days after its expiry.

Hence, since your father's license expired only on the date of the accident,  the licence cannot be held invalid and it should not affect the case.

Agree Comment 0 Agrees 2 months ago

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