Branch Manager United India Insurance ... vs A. Ramasamy S/O. Ettappnaicker ... on 9 December, 2011
12. In the policy, there is no prohibition in
driving the vehicle, by a person, holding leaners license. As repeatedly held by the courts, as
incorporated in the complaint itself, a driver, holding learners license would
be a person duly licensed person, within the meaning of the Motor Vehicles
Act, and such a person is entitled to drive the vehicle, if driven, that cannot
be treated as violation of conditions of policy, which is supported by the
decision of National Commission in National Insurance Co. Ltd., Vs. Ramesh
Kumar (IV (2006) CPJ 460 NC). Realizing
this, defense was taken as if there was no display that the vehicle was driven
by LLR holder, displaying L, accompanied by a person knowing, driving. For all these averments, to prove except the
plea, we do not have any materials. In
the surveyors report though, it is said permanent LMV license holder was not
driven alongwith driver, and L symbol was not affixed in the vehicle, and it
is not known, on which basis this conclusion was reached. Even assuming that it is a violation, that is
not the cause of the accident, to invalidate the policy. If the vehicle on its own, while driven by
LLR holder, caused anything, it can be said there is a policy violation, whereas, in this case admittedly another lorry
hit this vehicle, caused accident, thereby indicating LLR holder is not the
case for the accident. Further, since it
is not prohibited, that LLR holder is not entitled to drive the vehicle and LLR
holder also duly authorized, to drive the vehicle, we conclude as rightly did
by the District Forum, there is no violation of the policy, except this point,
not other point was urged before us. The
District Forum, considering all defense, has correctly come to the conclusion,
awarded, compensation as per the personal accident coverage, to the limit of
driver liability, with bearest minimum interest of 6%, since repudiated
unjustifiably, which finding we are not willing to disturb, including the
compensation, for mental agony and cost.