THE NATIONAL INSURANCE COMPANY LTD. Vs. KIRNA DEVI

JUDGEMENT

(1.) WHEN this case was taken up today for consideration, Dr. Sharma, learned Counsel for the appellant made prayer for admitting it. Per him, driver of the vehicle namely Abhinay Kumar Sood, was holding a learners licence", therefore, his client has been wrongly held liable for indemnifying the owner of the vehicle, i.e. Smt. Sushama Sood. According to him, valid and effective driving licence would not include learners licence, within its ambit.

(2.) WITH a view to support his this submission, Dr. Sharma placed reliance on the decision of the Supreme Court in the case of New India Assurance Co. Ltd. v. Mandar Madhav Tambe and others, 1996(2) Supreme Court Cases 328. While further advancing the case of his client, he placed reliance on a recent three Judge Bench decision of the Supreme Court in the case of National insurance Go. Ltd. v. Swarnn Singh and others, 2004(3) Supreme Court Cases 297. Reliance was also placed by Dr. Sharma on the provisions of Sections 2, 3, 7, 9 and 10 of the Motor Vehicles Act, 1988.

(3.) ON the face of this distinguishing fact, decision of the Supreme Court in Mandar Madhav Tambe (supra), is not applicable and does not advance the case of the appellant.