Supreme Court of India

NATIONAL INSURANCE CO. LTD.versusBHAGWANI AND ORS.

Citation: 2004 INSC 12
Decided: 5 January 2004
Disposal: Dismissed
Bench: V N KHARE

Holding

A learner's licence is a valid licence under the Motor Vehicles Act, 1988, and compensation is justified.

Summary

The case concerned a motor accident in which the driver possessed only a learner's licence. National Insurance Co. Ltd., the insurer, challenged the award of compensation on the ground that a learner's licence did not constitute a valid licence under the Motor Vehicles Act, 1988. A Special Leave Petition was filed before the Supreme Court. Relying on its earlier judgment in National Insurance Co. Ltd. v. Swaran Singh & Ors., the Court held that a learner's licence is a valid licence for the purposes of the Act and therefore the driver was entitled to compensation. Accordingly, the petition was dismissed.

Issues considered

Whether a holder of a learner's licence is deemed a 'licensed driver' under the Motor Vehicles Act, 1988 for liability and compensation purposes
Whether compensation can be awarded when the driver involved in a motor accident holds only a learner's licence

Legislation cited

Motor Vehicles Act, 1988

Subjects

Motor Vehicles Actlearner's licencecompensationmotor accidentinsuranceSpecial Leave PetitionSupreme Court

Judgment

A                      NATIONAL INSURANCE CO. LTD.
                                            v.
                              BHAGWANI AND ORS.

                                 JANUARY 5, 2004

B                   (V. N. KHARE, CJ. AND S.B. SINHA, J.]


          Motor Vehicles Act, 1988-Motor Accident-Driver holding /earner's
    licence-Compensation-Awarded-Held: Award ofcompensation justified as
C   learner's licence is also a valid licence.

          National Insurance Co. ltd. v. Swrrran Singh and Ors., 120041 3 SCC
    297, relied on.

         CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No.
D   921S of 2003.

         From the Judgment and Order dated 28.1.2003 of the Punjab and
    Haryana High Court in F.A.O. No. 434 of 2003.

         Atul Nanda, Ms. Veena Nanda and P.N. Puri for the Petitioner.
E        The Judgment of the Court was delivered by

          V. N. KHARE, CJ. This Special Leave Petition is covered by a
    judgment of this Court in SLP (Civil) No. 9027 of 2003, National Insurance
    Co. Ltd. v. Swaran Singh & Ors, delivered today where it has been held that
F   the learner's licence is also a valid licence.

             It is accordingly dismissed.                                         .,
    K.K.T.                                                  Petition dismissed.




                                            128

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