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1985 Supreme(HP) 35

P.D.DESAI
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
TILAK RAM – Respondent


Advocates Appeared:
For the appellant (s) Shri R. M. Suri and K, D. Sood, Advocates. For the respondents (s) Shri Dalip Kumar Sharma and Rajiv Kumai Sharma, Advocates, for the respondents 2 and 3. Notice to other respondents not ordered to issue.

JUDGMENT

P D. Desai, C. J.~ A fatal accident, which occurred on April 5, 1982, on account of the rash and negligent driving of a motor vehicle, namely, a motor-cycle, by the first respondent, resulted in a claim petition and in an award being made in favour of the second and third respondents (original claimants) in the sum of Rs, 8,220 with interest but no costs. The aw; rd is under challenge in the present appeal at the instance of the Insurance Company which has been made liable to satisfy the sward. 7wo grounds were urged in support of the appeal : first, that there has been a breach of a specified condition of the policy which authorised the driving of the insured vehicle only by a person who holds "a valid driving licence at the time of the accident or had held a permanent driving licence (other than a learners licence) and is not disqualified from holding or obtaining such a licence" and, secondly, that there was a breach of the provisions of Rule 2.14 of the Punjab Motor Vehicles Rules, 1940 (hereinafter referred to as "the Rules") which prohibited a pillion rider when the vehicle was being driven by a person holding a permit to drive as a learner and, as such, the person dr













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