THE UNITED INDIA FIRE AND GENERAL INSURANCE CO. LTD., MADRAS Vs. SOMABHAI PRABHATBHAI GOHEL AND OTHERS

JUDGEMENT

(1.) The Tribunal held that as opponent No. 1 was holding learner's driving licence for a heavy motor vehicle, he would not be disqualified to drive a motor bike. The Tribunal did not accept the contention of the Insurance Company that the opponent No.1 was holding only learner's driving licence for a heavy motor vehicle and as such he would not be qualified to drive a motor bike. Held that a person holding a learner's driving licence for driving a four wheeler can never be considered a person holding a learner's licence for a two wheeler. Both the situations are different. A person while driving a two wheeler is exposed to so many hazards and has to be more careful. Considering these circumstances the legislature wisely did not include a two wheeler in rule 16(7). A person, therefore, who holds a learner's driving licence for a heavy motor vehicle cannot be said to be person holding or qualified to hold a licence for a two wheeler. Unless, therefore, it was shown that driver had some time held a licence for a two wheeler in past and as such qualified to hold a licence for a two wheeler the insurance company cannot be saddled with liability on the basis that driver had a learning licence for a heavy motor vehicle. Under the circumstances the Tribunal committed error in holding the Insurance Company liable. (ISS) Appeal allowed.