NETHI RAM Vs. PRABHU DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been filed by the owner of the vehicle. He challenged the award dated 3.7.2003, by which the Motor Accident Claims Tribunal awarded the compensation of Rs.2,43,000/- to the claimant on account of loss which claimants suffered due to death of Jagdish, who was Taxi driver and was hit by Tractor No. RJ-16R-6195. According to the learned counsel for the appellant, the driver of the vehicle was the owner himself. He had learner's driving licence. Though the driver of the vehicle had learner's licence, the Tribunal exonerated the insurer from the liability on the ground that the driver did not comply with the condition of the learner's driving licence, despite the fact that no such defence was taken by the respondent insurance company.

(3.) Learned counsel for the appellant submits that the appellant had learner's licence to drive the vehicle and therefore, he was duly licenced as like person who has regular licence to drive the vehicle. Otherwise also, because of non-observation of any condition, if it was there but has not contributed to the accident in any manner, than also the insurance company cannot claim any immunity.