A learner's license is not considered a valid driving license for legal liability in motor vehicle accidents.

JUDGMENT

Dated this the 31st day of October, 2023 Heard Sri.K.C Santhosh Kumar, learned counsel for the petitioner as well as Sri.George A Cheriyan, learned Standing Counsel for the 4th respondent.

2. The petitioner was the owner of the vehicle bearing registration No.KL-13/AL-7585. The said vehicle was insured by the 4th respondent. On 25.08.2018, the said vehicle was being driven by the petitioner who had learners license and the said vehicle met with an accident which resulted death of one Rajeevan. The legal heirs of late Rajeevan filed OP(MV) No.1000/2018 before the Motor Accident Claims Tribunal, Thalassery. The petitioner was issued notice by the Tribunal. But the petitioner did not answer the said notice and the petitioner was set exparte in the proceedings. After considering the evidence, the Tribunal passed the award for payment of compensation of Rs.12,51,011/-. The Insurance company took the plea that the petitioner did not have the valid driving license on the date of the accident and therefore, the insurance company was not liable to make payment of the compensation awarded by the Tribunal. However, the Tribunal directed the insurance company to make payment of the awarded amount to the legal heirs as directed in the award and recover the same from the petitioner.

3. In pursuance to the liberty granted by the Tribunal for recovery of compensation amount from the petitioner, the petitioner is facing recovery proceedings for the amount to which the insurance company has paid in pursuance to the award passed by the Motor Accident Claims Tribunal, Thalassery and the petitioner’s vehicle has been seized. Thereafter, the petitioner has filed IA No.3/2022 and IA No.4/2022 in OP(MV) No.1000/2018 for condoning the delay in filing the application for setting aside the exparte award. The Tribunal vide impugned order in Ext.P7 has rejected the said application by a detailed order.

4. Having perused Ext.P7 order dated

13.07.2023, this Court does not find that the Tribunal has committed any error of law or jurisdiction in rejecting the applications of the petitioner i.e, IA No.3/2022 and IA No.4/2022. The petitioner was issued driving license only on 11.09.2018 which was valid up to 31.12.2023. According to the petitioner he was having learners license when the accident took place. Learned counsel for the petitioner has not been able to show any law in which it is held that learners licensee could be treated to be holding a valid license for driving a motor vehicle if the motor vehicle meets with an accident.

Considering the facts and admitted provision, this Court is not inclined to interfere with Ext.P7 order.

The present Original Petition is hereby dismissed.