2009 Supreme(Raj) 2456
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mahesh Bhagwati, J.
Pooni - Appellant
Versus
Phool Singh & Ors. - Respondent
S.B. Civil Misc. Petition No. 952 of 2001.
Decided On : 12-11-2009
For the Appellant:Rajneesh Gupta, Advocate.
For the Respondent:Archana Mantri, Advocate.
Headnote:Motor Vehicles Act, 1988 – S. 4(3), 7(2), 10(3), 149(2) and 173 – Matter related to compensation claim as petitioner was injured from an accident and held fracture in right hand so Tribunal awarded Rs. 22,857 from insurance company but it was challenged on the ground that driver of offending vehicle was having learning licence at time of accident and no compensation could be awarded on the loss of earning – Claimant had challenged the order and it was held that claimant was entitled to receive general damaged for pain and suffering of non – grievous injuries as per second schedule of Motor Vehicles Act and also awarded Rs. 5,000/ – for loss of income , Rs. 1,000/ – for non – grievous injury – Rs. 6,000/ – additionally awarded to claimant so finally claimant was entitled to get Rs. 28,857 instead of Rs. 22,857 from respondents – In this manner court modified the compensation amount according to damage caused.
On 8.12.1993, the claimant-appellant Pooni accompanied by Rajbai, Muli, Dhupi and others were returning from Shekhpur to their village Jagantha. when they reached near 'Puliya' private Bus bearing registration No. RRD 692S emerged at the fast speed from the opposite direction and rammed the traula attached to the tractor resulting into fracture of right hand of the claimant.
Learner's Licence :
93. Motor Vehicles Act, 1988 provides for grant of learner's licence. [See Section 4(3), Section 7(2), Section 10(3) and Section 14]. A learner's licence, is thus, also a licence within the meaning of the provisions of the said Act. It cannot, therefore, be said that a vehicle when being driven by a learner subject to the conditions mentioned in the licence, he would not be a person who is not "duly licensed" resulting in conferring a right on the insurer to avoid the claim of the third party. It cannot be said that a person holding a learner's licence is not entitled to drive the vehicle. Even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's licence, the same would run counter to the provisions of Section 149(2) of the said Act."