POONI Vs. PHOOL SINGH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and award dated 31.3.2001 whereby the learned Motor Accident Claims Tribunal, Bayana, District Bharatpur decreed an amount of Rs 22,857/- in favour of the appellant-claimant and against the respondent-non-claimants Nos. 1, 2/1 to 2/7 and absolved the liability of respondent No.3 New India Insurance Co. Ltd.

(2.) THE nub of the appellant's story is that: On 8.12.1993, the claimant-appellant Pooni accompanied by Rajbai, Muli, Dhupi and others were returning from Shekhpur to their village Jagantha. when they reached near 'Puliya' private Bus bearing registration No. RRD 6925 emerged at the fast speed from the opposite direction and rammed the traula attached to the tractor resulting into fracture of right hand of the claimant.

(3.) HAVING carefully perused the aforesaid judgment, it is found that the case of New India Assurance Co. Ltd. vs. Mandar Madhav Tambe reported in (1996) 2 SCC 328 and in 1996(1) TAC 506 relied upon by the Tribunal has been distinguished and Hon'ble Apex Court in National Insurance Company Ltd. vs. Swaran Singh & Ors. (supra) held that if a vehicle at the time of accident was driven by a person having learner's licence, the Insurance Company would be liable to satisfy the decree. In view of this observation of Hon'ble Apex Court, the Insurance Company cannot be absolved of its liability merely on this ground that the driver of the offending vehicle was having a learner's license at the time of accident. The finding arrived at by the learned Tribunal in this regard seems to be contrary to law and the same deserves to be set aside. Relying upon the judgment of Hon'ble Apex Court rendered in National Insurance Co. Ltd. vs. Swaran Singh and Ors. (supra) the liability can be fastened on the respondent No.3 New India Assurance Co. Ltd. and the appellant-claimant shall be entitled to claim the amount of compensation under the award from the respondents Nos. 1, 2/1 to 2/7 and 3 severally and jointly.