The legal point established is that a person holding a learner's licence is competent to drive the vehicle as per Section 2 (19) of the MV Act and the interpretation provided in AIR 2004 Supreme Court 1531.

Mansoor Ahmad Mir, J.

Appellant-insurer has questioned the award, dated 08.01.2008, made by the Motor Accident Claims Tribunal (I), Kangra at Dharamshala (H.P.) (for short "the Tribunal") in M.A.C.T. Petition No. 53-G/II/2005, titled as Smt. Kamla Devi and others versus Ex. Capt. Gian Chand and others, whereby compensation to the tune of Rs. 3,50,000/- with interest @ 7.5% per annum from the date of filing of the claim petition till its deposition came to be awarded in favour of the claimants, against the respondents and the appellant-insurer was to satisfy the award (for short "the impugned award").

2. The claimants, the driver and the owner-insured have not questioned the impugned award on any count, thus, has attained finality so far it relates to them.

3. Appellant-insurer has questioned the impugned award on the grounds, details of which have been given in para 1 of the appeal.

4. The questions to be determined in this appeal are:

(i) Whether the impugned award is bad in law?

(ii) Whether the driver of the offending vehicle was not having a valid and effective driving licence?

(iii) Whether the owner-insured has committed any willful breach in terms of Section 149 of the Motor Vehicles Act, 1988 (for short "MV Act") read with the terms and the conditions of the insurance policy?

(iv) Whether the amount awarded is excessive?

5. In order to determine the said questions, it is necessary to give brief resume of the case, the womb of which has given birth to the appeal in hand.

6. Deceased-Mast Ram Rana became the victim of the vehicular accident, which was caused by driver, namely Shri Anurag Rana, while driving offending vehicle, motor cycle, bearing registration No. HP-36-8184, rashly and negligently on 11.11.2004, at about 11.00 A.M. at Adde-Di-Hattian, hit the deceased, who sustained injuries, was taken to Community Health Center, Jawalamukhi, was referred to Zonal Hospital, Dharamshala, was taken to Hoshiarpur wherefrom was referred to Jallandhar (Punjab), where he remained admitted in Intensive Care Unit in Vasal Hospital Private Limited, 37, Kapurthala, Chowk, Jallandhar, and succumbed to injuries at about 10.45 P.M.

7. It is averred in the claim petition that the deceased was 55 years of age at the time of the accident, was proprietor of Rana Rolling Shutter Industries and was earning Rs. 15,000/- per month. Further averred that the claimants have spent Rs. 41,000/- as medical expenses and claimed compensation to the tune of Rs. 10,00,000/-, as per the break-ups given in the claim petition.

8. The respondents in the claim petition, i.e. the owner-insured, the driver and the insurer, have resisted the claim petition on the grounds taken in the respective memo of objections.

9. Following issues came to be framed by the Tribunal:

"1. Whether on 11.11.2004 the respondent No. 2 was driving the motor cycle No. HP-36-8184 rashly and negligently and hit Sh. Mast Ram who sustained injuries and lateron succumbed to the injuries, as alleged? OPP

2. If Issue No. 1 is proved, what amount of compensation the petitioners are entitled to and from whom? OP Parties

3. Whether respondent No. 2 was not holding a valid and effective driving licence, as alleged? OPR-2 & 3

4. Whether the vehicle in question was not insured with respondent No. 3 at the time of alleged accident? OPR-1 & 3

5. Relief."

10. Parties led evidence. The Tribunal, after scanning the evidence, oral as well as documentary, awarded compensation to the tune of Rs. 3,36,000/- with interest @ 7.5% per annum from the date of the claim petition till its deposition in favour of the claimants and the insurer came to be saddled with liability.

Issue No. 1:

11. The findings on issue No. 1 are not in dispute. However, I have gone through the record and scanned the evidence and am of the considered view that the claimants have proved by leading evidence, oral as well as documentary, that on 11.11.2004, driver-Anurag Rana had driven the offending vehicle rashly and negligently, hit the decease