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RITU TAGORE
National Insurance Company Ltd. – Appellant
Versus
Kirpal Kaur – Respondent
JUDGMENT
Ritu Tagore, J.
Appellant-Insurance company has filed an appeal against the award dated 07.12.2015 passed by the learned Motor Accident Claims Tribunal, Ludhiana, seeking a grant of recovery rights.
2. On 09.01.2014 at 5.15 p.m, the deceased S. Jagir Singh and his brother S. Tarlok Singh (PW-3) were going towards Focal Point Markfed, Khanna on their respective bicycles, when they reached in front of Police Station Sadar, Khanna, respondent No.1 came from Khanna side driving his motor-cycle bearing registration No.PB-08-CL-5827 (the offending vehicle) rashly and negligently and crashed into the bicycle of S. Jagir Singh (since deceased), who received multiple injuries that resulted in his death at the spot.
3. On 11.01.2014, FIR No.09 under Sections 279 , 337, 338 and 427 IPC was registered at Police Station City Khanna on the statement of S. Tarlok Singh (PW-3), an eye-witness to the accident.
4. The widow and unmarried children of the deceased filed a claim petition under section 166 of the MOTOR VEHICLES ACT , 1988 before the Tribunal, praying for a compensation of Rs.15,00,000/- (Rs.Fifteen lakhs) along with interest from the date of accident till date of realization, on
A learner's licence is valid but must comply with specific conditions, including being accompanied by a qualified instructor while driving a motorcycle.
A learner's license holder must be accompanied by a qualified instructor while driving a motorcycle, as per Rule 3 of the Central Motor Vehicles Rules, 1989.
The insurer must prove a breach of policy conditions by the insured to avoid liability; mere invalidity of a driving license does not absolve the insurer from responsibility.
A learner's license does not preclude insurance liability if the driver is accompanied by a licensed instructor, and the insurer must prove policy violations to avoid liability.
Section 149(2) deals with insurer's right to defend an action on account of breach of policy condition.
The main legal point established in the judgment is the principle of 'pay and recover' in case of third-party risks and the requirement for the insurer to prove the driver's lack of a valid driving l....
Point of Law : Any person drives or rides a vehicle without satisfying the conditions in the learner's licence in compliance of Rule 3 (b) of the Central Motor Vehicles Rules, 1989 without accompanyi....
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