ORIENTAL INSURANCE CO. LTD. Vs. LALIT KUMAR

JUDGEMENT

(1.) WHEN hearing in this appeal commenced learned Counsel the appellant forcefully urged, that at the time of accident owner -cum -driver of the vehicle Lalit Kumar, respondent was not having valid and effective licence whereby he was licensed to have driven the Tata Summo (Maxi -cab) bearing registration No. HP -01 M 3520. It was not disputed that he was holding a learner's driving licence. Vehicle being insured under a valid policy of insurance when it met with accident on 13.11.2005 near Shalaghat is not again in dispute between the parties as per averments made in paragraph -2 of the complaint. Respondent claims that he was accompanied by a duly licensed person when he was driving the vehicle at the time of its accident. The contents of the FIR and also the other fact that four more persons were travelling in the vehicle are pressed in support of this appeal vide Ms. Madhu Sharma. There being complete violation of the terms of policy subject to which the vehicle was insured, according to Ms. Madhu Sharma, learned Counsel on behalf of the appellant, District Forum below fell into error in allowing the complaint and passing the impugned order.

(2.) IN this behalf it may also be observed that the District Forum has ordered the appellant to pay Rs. 1,68,000 with interest @ 9% interest per annum from the date of institution i.e. 13.7.2006, till payment, with costs of Rs. 2,000, hence this appeal.

(3.) MR . Chandel stated that his client does not dispute, and in our view rightly that the owner -cum -driver was holding a learner's licence. FIR in this case was registered immediately after the accident as such it cannot be brushed aside lightly. We also cannot discard the stand of the appellant that 4 persons were travelling in the vehicle at the time of accident. In these circumstances we are further of the view that so far a learner's licence is concerned, it is only for the purpose of enabling the person to learn driving, so that he becomes eligible to obtain proper and effective driving licence, as required under Motor Vehicles Act, 1988 and the rules framed thereunder.