A learner's license is a valid driving license for driving a motorcycle with or without gear.

B. Chandra Kumar, J.

1. This appeal is directed against the order and decree dated 29.07.2003 passed in MVOP No. 134 of 2002 by the IV Additional District Judge, Visakhapatnam - cum - Chairman, Motor Vehicles Accidents Claims Tribunal, Visakhapatnam.

2. The appellant herein is the first respondent, the first respondent herein is the petitioner and the second respondent herein is the second respondent before the Tribunal and for the sake of convenience, the parties will be hereinafter referred to as per their array before the Tribunal.

3. The brief facts of the case are as follows:--

On 08.11.1997, at about 09:00 a.m., the claimant was going to steel plant and when she reached the main gate of the plant and crossing the divider, a motor cycle bearing registration No. AP 31 D 1037, being driven by its driver in a rash and negligent manner, came from the front gate without blowing the horn and dashed against the claimant, as a result of which, the claimant sustained fracture to her right leg and other injuries. She was shifted to Steel Plant General Hospital and from there to Simhadri Hospital, Gajuwaka. Operation was conducted. It is argued that she became permanently disabled. She was aged about 27 years and earning Rs. 1,600/- per month by working as a labourer under a contractor. The owner of the vehicle - first respondent filed counter denying the material averments made by the claimant. The Insurance Company (the second respondent) also filed counter and denied the averments made by the claimant. The second respondent contended that the driver of the motorcycle had no valid driving licence and, therefore, the first respondent had violated the terms and conditions of the policy.

4. Basing on the rival contentions, the Tribunal framed the following issues for trial:--

1. Whether the accident occurred due to rash and negligent driving of the vehicle bearing No. AP 31 D 1037 (Hero Honda) by its driver?

2. Whether the petitioner is entitled for compensation, if so, to what amount and from whom?

3. To what relief?

5. On behalf of the claimant, the claimant herself was examined as P.W. 1 and P.Ws. 2 and 3 were examined and Exs. A.1 to A.5 were marked. On behalf of the respondents, R.W. 1 was examined and Ex. B.1 - C.C. of the decree and award in MVOP No. 59 of 1999 was marked.

6. On issue No. 1, the Tribunal came to the conclusion that the accident occurred due to rash and negligent driving of the driver of the motorcycle (the first respondent).

7. On issue No. 2, the Tribunal came to the conclusion that the claimant is entitled to Rs. 1,08,000/- towards compensation, but however, deducted Rs. 25,000/- paid under no fault liability. The Tribunal further observed that though the second respondent (Insurance Company) is not liable to pay compensation, the claimant is entitled to recover the amount either from the first respondent or the second respondent or jointly from both the respondents. It is further observed that in case of payment of the above amount by the second respondent, the second respondent can recover the same from the first respondent.

8. It has to be seen the first respondent, in his counter, had categorically stated that he was having valid and subsisting driving licence at the time of accident and since the vehicle is insured, the Insurance Company has to pay the compensation. On the other hand, the Insurance Company specifically stated that the first respondent was not having valid driving licence at the time of accident. It is also averred that the claimants have filed O.P. No. 15 of 1999 on the file of the IV Additional District Judge - cum - Metropolitan Sessions Judge, Vijayawada and in the said case, the said Court observed that the first respondent is liable to pay the compensation.

9. Thus, the crux of the issue is whether the first respondent was having valid driving licence at the time of accident and whether the Insurance Company is liable to pay compensation to the claimants.

10. It was suggested to P.W. 1 t