- (1.) This is an appeal by special leave against the judgment of the Bombay High Court upholding the liability of the appellant Insurance Company to pay the amount of compensation awarded to respondent No. I who had suffered some injuries as a result of an accident.
(2.) On 4th July, 1979, an accident occurred involving two scooters. One scooter No. (MTM 6327) was being driven by respondent No. 1 (the claimant) and the other scooter (BYZ 5348) was being driven by respondent No. 3. As a result of this accident respondent No. 1 suffered some injuries and he filed an application before the Motor Accident Claims Tribunals for compensation.
(3.) The appellant contested the said application. It was contended on its behalf that on 22nd July, 1977, respondent No. 3 had obtained a learner's licence, which enabled him to drive for the purpose of learning to drive. The validity of this learner's licence had expired on 21st November, 1977. When the accident took place on 4th July, 1979, respondent No. 3 was neither holding a driving licence as contemplated by the Motor Vehicles Act, 1939, nor was he holding a learner's licence. It appears that soon after the accident respondent No. 3 obtained a fresh learner's licence on 7th July, 1979 and there-after, on 9th July, 1979 obtained a driving licence.;