Advocate Ajinkya Ashok Dhende

Questions Answered by Advocate Ajinkya Ashok Dhende

Q: What if insurance cover is denied for expired driving license?

I have a tourist vehicle, accident of which has happened on 27th Nov 2017. We registered complaint against the vehicle by which accident was happened. It was not our fault and other party has no objection in that. We have insurance of this tourist vehicle. Surveyor did his job, asked garage person to proceed for repairing. But now insurance company and surveyor both are telling that drivier's tourist license was expired when he was driving the vehicle. He was not carrying any passenger at that moment. We are fighting with insurance company that surveyor would have told us earlier. I agree that it was our fault that we did not look into his validity of license (tourist license). It was not even observed by police while filing a complaint, it was not observed while surveyor's first visit to garage, and now at the end moment the insurance company said that we cannot pass your claim as license was expired at that time. Please note that we have renewed the license of driver. Please help

Advocate Ajinkya Ashok Dhende answered
There is grace period of 30 days from the date of expiry of MDL. The driver should renew his license in that grace period and it will be considered from the date of expiry of his license. "If the application for renewal is made previous to, or not more than 30 days after the date of expiry of the licence, the renewal will be made with effect from the date of its expiry. If the application is made more than 30 days after the date of expiry of the licence, the renewal will be made with effect from the date of receipt of proper application." For detailed information Section 15 of Motor vehicles Act deals with renewal of MDL.If MDL is renewed in grace time or other wise also consumer court will provide remedy for refusal of own damage claim.