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2023 Supreme(Del) 3226

NAVIN CHAWLA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Mahender Singh – Respondent


Advocates appeared:
Mr.A.K. Soni, Advocate, for the Appellant.
Mr.S.N. Parashar, Advocate for LR's of R-1.

JUDGMENT

Navin Chawla, J. (Oral)

1. This appeal has been filed by the appellant challenging the Award dated 07.02.2018 passed by the learned Motor Accidents Claims Tribunal, North West District, Rohini Courts, New Delhi (hereinafter referred to as the `Tribunal') in a MACT Case no.91/2018 (new No.50741/2016) titled Sh.Mahender Singh v. Sh.Sohan Arya & Ors., directing the appellant herein to pay a compensation of Rs.27,08,120/- alongwith 9% p.a. rate of interest on the amount of Rs.18,52,520/- to the respondent no. 1/claimant.

2. The limited challenge of the appellant to the Impugned Award is that though it was an admitted fact that the offending vehicle was being driven by the respondent no.2, who was holding only a learner's licence, the learned Tribunal has erred in not granting a right to the appellant to recover the compensation paid to the respondent no.1 from the respondent nos.2 and 3.

3. I find no merit in the above challenge.

4. In National Insurance Co. Ltd. v. Swaran Singh & Ors., (2004) 3 SCC 297, the Supreme Court, on the issue of motor vehicle being driven by a person holding a learner's licence, has held as under:

    "Learner's licence

    93. The Motor Vehicles Act, 1988

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