K.P.Jyothindranath, J.

This appeal is preferred by the Insurance Company.

2. The point raised in this appeal is that whether the Insurance Company can be absolved from the liability in a case where the rider is holding only a learner's licence, and not accompanied by a licensed instructor as contemplated under Rule 3 of the Central Motor Vehicles Rules.

3. The facts is as follows:

4. A motor vehicle accident occurred on 27.5.2007 at about 6 p.m. at Thiruchilangadi. The vehicle involved is a motor cycle. The motor cycle hit against a pedestrian. The pedestrian sustained fatal injuries and succumbed to the injuries. The vehicle was driven by the 6th respondent, who was holding only a learner's licence at the time of the accident. The legal heirs of the deceased/claimants, alleged negligence of the rider as the cause of accident and filed the claim petition.

5. It is the case of the Insurance Company that even though a contention was raised regarding the violation of the conditions in the policy, it was neither considered by the tribunal nor absolved the Insurance Company from the liability. It is the specific case of the Insurance Company that rider was only having a learner's l