ORIENTAL INSURANCE CO LTD Vs. ABDUL KAREEM

JUDGEMENT

(1.) THE short question which arises for consideration in this appeal filed under Section 173 of the Motor Vehicles Act, 1998 by the Insurance Company is whether the Insurance Company would be liable to satisfy the award if the vehicle involved in the accident was driven by a person holding a learner's licence at the time of accident.

(2.) THE facts in brief are these. On August 30, 2000 while the deceased Subaida Beevi was riding pillion on the motor cycle bearing registration No.KL-01 S7054 from Pezhumoodu-Poovachal public road and when she reached at Alamukku in Pezhumoodu-Poovachal public road, she fell down from the motor cycle as it fell into a gutter on the road. She sustained serious injuries and she succumbed to the injuries sustained while undergoing treatment in the Medical College Hospital, Thiruvananthapuram. THE deceased was a lady aged 38 at the time of accident and earning Rs.3,000/- per month. Alleging negligence against the driver of the offending motor cycle the claimants who are husband and two children of the deceased Subaida Beevi filed the OP before the Tribunal under Section 163 (A) of the Motor Vehicles Act claiming a compensation of Rs.5,00,000/-.

(3.) HEARD the counsel for the Insurance Company and the counsel for the claimants.