If a person dies in a road accident, if the driver had only a learning license at the time of the accident, can the insurance company escape the responsibility of paying compensation? Himachal Pradesh High Court, while giving an important decision on this question, has made it clear that the insurance company cannot waive off third party compensation claims merely on the basis of having a learning license.
The court said that the learning license is also a valid license under the Motor Vehicles Act and a person driving a vehicle subject to the prescribed conditions cannot be considered an unlicensed driver on this basis alone.
The court of Justice Virendra Singh, while rejecting the appeal of Oriental Insurance Company Limited, increased the compensation amount from Rs 33,97,440 to Rs 34,03,030. That means, the compensation for the relatives of the deceased was increased by Rs 5,590. The court also retained the responsibility of paying the entire compensation amount on the insurance company.
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What was the whole matter?
This case is related to a road accident in Chamba, in which 37-year-old Babu Ram died after being hit by a motorcycle on May 3, 2013. Motorcycle driver Pankaj Kumar had a learning license at the time of the accident. The Motor Accident Claims Tribunal, Chamba, on October 21, 2014, had fixed the compensation at Rs 33,97,440 in the case and put the responsibility of payment on the insurance company. Oriental Insurance Company challenged this order in the High Court. The insurance company's argument was that the driver had only a learner's license at the time of the accident and hence the terms of the insurance policy were violated. The company had also said that the compensation amount was high and demanded a reduction in it.
Why was the insurance company's argument not accepted?
The insurance company argued that a person driving a vehicle on the basis of a learning license should not be considered a duly licensed driver. The company sought to be relieved of its responsibility citing the Motor Vehicles Act and the Central Motor Vehicles Rules. However, the High Court did not accept this argument. The court clarified that the learning license is also a license issued under the law.
A person driving a vehicle in compliance with the prescribed conditions cannot be called an illegal driver merely because he has a learning license. Analyzing the provisions of the Central Motor Vehicles Rules, the court also considered the rules relating to training for driving motorcycles. The judgment noted the applicable exemptions relating to dual-control vehicles and mandatory presence of an instructor in the case of motorcycles.
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Questions were also raised regarding the instructor's license.
In the case, it was said on behalf of the driver that at the time of the accident, he was driving on a learning license and a valid licensed instructor was present with him, according to whose instructions he was driving the motorcycle. The insurance company also raised questions about the license of the instructor. On this, the court said that when an allegation of fundamental violation of the terms and conditions of the insurance policy has been made by the insurance company, the onus of proving the same is on it.
According to the court, the insurance company failed to prove that the concerned instructor did not have a valid and effective driving license. The insurance company also had the opportunity to call the concerned person as a witness to investigate this fact.
Will every learning license holder now get legal exemption?
The High Court's decision does not mean that learning license holders are free to drive under any circumstances or that the insurance company will automatically be bound to pay compensation in every case. It is important to follow the applicable legal conditions while driving on a learning license. In case of accidents, the validity of the license, conditions attached to it, insurance policy and related facts can also be examined.
The court gave its decision in view of the fact that the alleged substantive violations on the part of the insurance company were not proved and in view of the applicable legal provisions. This decision is important for road accident victims and their families. This makes it clear that the insurance company cannot claim to escape its responsibility in compensation cases by merely citing the learning license. Liability will be decided according to the facts of the case and the law.