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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
SANDIPKUMAR C. MORE, J.
Ku. Nilima D/o Murlidhar Dakhane – Appellant
Versus
Bajaj Alianz General Insurance Co. Ltd., – Respondent
JUDGMENT :
(SANDIPKUMAR C. MORE, J.)
1. The appellant i.e. original respondent No.1 in Claim Petition No. 800 of 2003 has challenged the judgment and award dated 25.02.2008 in the aforesaid claim petition passed by the learned Motor Accident Claims Tribunal, Nagpur (hereinafter referred to as the ‘learned Tribunal’). Under the impugned judgment, the learned Tribunal has granted compensation of Rs. 31,070/- to the petitioner, who is present respondent No.2, along with interest @ 7.5% p.a. from the date of petition till its realization. The learned Tribunal has held the present appellant and respondent No.2 Insurance Company jointly and severally liable for paying the aforesaid compensation with direction to the respondent No.1/Insurance Company to satisfy the award first and then to recover the amount of compensation from the present appellant/owner by filing Execution Proceedings. Thus, the present appellant has challenged the said “pay and recover” direction issued by the learned Tribunal, by contending that, she was having valid learner’s licence at the time of accident and therefore, the learned Tribunal should have held respondent No.2 Insurance Company solely liable for paying c
A learner's licence is valid but must comply with specific conditions, including being accompanied by a qualified instructor while driving a motorcycle.
A learner's license holder must be accompanied by a qualified instructor while driving a motorcycle, as per Rule 3 of the Central Motor Vehicles Rules, 1989.
Point of Law : Any person drives or rides a vehicle without satisfying the conditions in the learner's licence in compliance of Rule 3 (b) of the Central Motor Vehicles Rules, 1989 without accompanyi....
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
The insurer must prove a breach of policy conditions by the insured to avoid liability; mere invalidity of a driving license does not absolve the insurer from responsibility.
The main legal point established in the judgment is that the absence of a valid and effective license for the specific class of vehicle being driven absolves the insurance company from liability for ....
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
Compensation under the Employee's Compensation Act is due immediately upon the accident, with interest applicable from that date, contingent on proper adherence to insurance and licensing conditions.
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