Insurers are liable for third-party claims even if the vehicle is driven by an individual with a learner's license, supported by statutory provisions and prior rulings.

JUDGMENT :

ASHOK S. KINAGI, J.

1. This Appeal is filed under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the petitioner, challenging the judgment and award dated 16.02.2012, passed in MVC No.346/2009 by the learned Principal Senior Civil Judge and Additional MACT, Ranebennur, challenging the liability fastened on the owner of the offending vehicle.

2. Brief facts, leading rise to the filing of this appeal are as follows:

3. On 16.07.2008 at about 2.00 p.m, the petitioner was proceeding on a motor-cycle bearing registration No.KA-15/H-7932 from Anavatti to Tallur to meet his friend. When he came near to the spot of the accident, at that time a Tractor and a Trailer bearing registration Nos.KA-15/T-5819 and 5820 came from Tallur side in a rash and negligent manner and dashed to the petitioner’s motorcycle. As a result, the petitioner sustained grievous injuries. The petitioner spent a huge amount towards medical and other expenses. Hence, he filed a claim petition under Section 166 of the MV Act seeking compensation on account of the injuries sustained by him in the road traffic accident.

4. Respondent No.1-the owner of the Tractor and Trailer, filed a statement of objections denying the averments made in the claim petition, and contended that the accident occurred due to the rash and negligent riding of the rider of the motorcycle. It is contended that there is no fault on the part of the driver of the tractor and the trailer in question. It is contended that the tractor and trailer was insured with respondent no.2- Insurance Company and the driver had an effective and valid driving license as of the date of incident. As such, the Insurance Company is liable to pay the compensation amount. Therefore, he prays to dismiss the claim petition against the owner of the Tractor and Trailer.

5. Respondent No.2-Insurance company, filed a statement of objections denying the averments made in the claim petition and contended that the driver of the offending vehicle was not possessing a valid and effective driving license as of the date of accident. Hence, prays to dismiss the claim petition against the Insurance Company.

6. The Tribunal, based on the pleadings of the parties, framed the relevant issues.

7. The petitioner to substantiate his case examined himself as PW.1, examined the doctor as PW.2 and marked 14 documents as Exhibits P-1 to P-14. In rebuttal, the respondents examined four witnesses as RW.1 to RW.4 and marked 6 documents as Exhibits R- 1 to R-6. The Tribunal, after assessing the verbal and documentary evidence, allowed the claim petition in part and awarded a compensation of Rs.2,05,640/- with interest at 6% per annum from the date of petition till realization; directed the owner of the Tractor and Trailer in question to deposit the compensation amount and dismissed the claim petition against the Insurance Company.

8. The petitioner, aggrieved by the impugned judgment and award passed by the Tribunal, on the ground of liability, filed this Miscellaneous First Appeal.

9. Heard the learned counsel for the petitioner and the learned counsel for respondent No.2-Insurance Company.

10. Learned counsel for the petitioner submits that the Tribunal has committed an error in dismissing the claim petition against the Insurance Company, on the ground that the rider of the motorcycle was possessing a Learner’s license for the period from 13.02.2008 to 12.08.2009. He further submits that the accident occurred on 16.07.2008 and the charge- sheet is filed against the driver of the Tractor and Trailer in question and not against the rider of the motorcycle. The