Koshy, J.

Whether the insurance company can avoid liability, if the driver of the insured vehicle was having only a learner’s licence at the time of accident is the question to be answered in this case. Before answering the question, we may consider the facts of the case.

2. Appellant was the second respondent in O.P.(M.V.) No.430 of 1995 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram. First respondent filed a claim petition stating that her mother, Smt. Bhargavi Amma, while walking through the public road, was hit by a scooter bearing registration No.KL-01/7321 driven by the appellant and insured by the fourth respondent in the O.P. As a result of the hit Bhargavi Amma suffered serious injuries. It is also stated that the vehicle is owned by the second respondent and it was insured by the third respondent (Addl. Fourth respondent in the O.P.). According to the first respondent, the accident occurred due to the negligent driving of the appellant. The deceased was aged 65 years at the time of accident. Against the claim of compensation of Rs.1,50,000/-, the Tribunal found that compensation payable will be Rs.89,540/-. It was also found that second r