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2003 Supreme(Del) 1002

S.K.MAHAJAN
RAMA NAND PANDEY – Appellant
Versus
NISHA TIWARI – Respondent


Advocates Appeared:
A.ACHARJI, A.K.Mishra, R.P.Tripathi

S. K. MAHAJAN, J.

( 1 ) THIS appeal is directed against the judgment of the Motor Accident Claims Tribunal whereby the Tribunal has directed the appellant to pay compensation to the legal representatives of the person who died in a road accident caused by the rash and negligent driving of the offending vehicle belonging to the appellant. The Tribunal after holding that the accident was caused due to the rash and negligent driving of the offending vehicle has further observed that since the accident was caused by a person who had only a "learners licence" in his favour it will be the obligation of the driver and owner of the vehicle to pay compensation. Aggrieved by the award, the appellants have filed the present appeal.

( 2 ) IT is contended by learned counsel for the appellant that the driver of the offending vehicle had a valid driving licence duly issued by the Transport Authority in his favour on 19. 4. 1992, and the same was valid till April, 1995. It is submitted by him that the licence was again renewed w. e. f 19. 2. 1996 and was valid upto 19. 2. 1999. It is submitted that in between the driver had obtained the learners licence on 1. 5. 1995 as it was a condition preceden




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