RADHIKA DEVI Vs. VASANTHA

JUDGEMENT

(1.) Whether the insurance company can avoid liability, if the driver of the insured vehicle was having only a learner's licence at the time of accident is the question to be answered in this case. Before answering the question, we may consider the facts of the case.

(2.) Appellant was the second respondent in O.P.(M.V.) No.430 of 1995 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. First respondent filed a claim petition stating that her mother, Smt. Bhargavi Amma, while walking through the public road, was hit by a scooter bearing registration No.KL-01/7321 driven by the appellant and insured by the fourth respondent in the O.P. As a result of the hit Bhargavi Amma suffered serious injuries. It is also stated that the vehicle is owned by the second respondent and it was insured by the third respondent (Addl. Fourth respondent in the O.P.). According to the first respondent, the accident occurred due to the negligent driving of the appellant. The deceased was aged 65 years at the time of accident. Against the claim of compensation of Rs. 1,50,000/-, the Tribunal found that compensation payable will be Rs.89,540/-. It was also found that second respondent had no valid driving licence; but, only a learner's licence and, therefore, the insurance company is not liable to compensate the same in view of the judgment of the Supreme Court reported in New India Assurance Co. Ltd. v. Mandar Madhav Tambe and Others ( AIR 1996 SC 1150 ). There, the Supreme Court held that unless the driver is having a valid driving licence, the insurance company is not liable to pay compensation. Therefore, the appellant was directed to pay compensation.

(3.) The appellant is challenging the award on three grounds: First, there is no negligence on the part of the appellant; secondly, it was contended that the amount awarded was very high; and thirdly, it was contended that if she is liable to pay compensation, since the vehicle was insured, the insurance company is liable to pay the compensation.