IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 MACA.No. 2740 of 2009() --------------------------- OPMV.1210/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PARAVUR .................................................................................................. APPELLANT(S): 2ND RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE COMPANY LIMITED, ALUVA NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE,METRO PALACE,KOCHI-18. BY ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE SRI.P.JACOB MATHEW RESPONDENT: IST RESPONDENT ---------------------------------------- UNNI,S/O.PURUSHOTHAMAN,THAIPARAMBIL, NEAR PALLIKKAVU TEMPLE, THEKKUMPURAM KARA, CHENNAMANGALAM.P.O,VIA NORTH PARAVUR. ADV. SRI.G.BALAMURALEEDHARAN (PARAVUR) FOR R1 SRI.N.T.NANDAKUMAR (PARAVUR) FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ------------------------------------- M.A.C.A. NO. 2740 OF 2009 ------------------------------------- DATED THIS THE 4TH DAY OF NOVEMBER, 2009 JUDGMENT This is an appeal preferred against the award of the Claims Tribunal, North Paravur in O.P(MV) No.1210/2003. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.13,000/- with a direction to the Insurance Company to deposit the amount. Challenging the liability of the Insurance Company, it has come up in appeal. 2. Heard the learned counsel for the appellant as well as the respondent. It is evident from a reading of para 8 of the award that the rider did have a learners license on the date of the accident and subsequently he had obtained the necessary driving license as contemplated under Section 3 and 10 of the Motor Vehicles Act. Whether a learners license is a due license has been considered by the Apex Court in the decision reported in (2004 (1) KLT 781, National Insurance Company Limited Vs. Swaran Singh). 3. The Hon'ble Apex Court held that learners license is also M.A.C.A. NO.2740/2009 2 one which is issued under the provisions of the Motor Vehicles Act, when there is substantial compliance of the conditions enumerated there in, it amounts to a due license and therefore the Insurance Company cannot get exonerated from the liability. There is no case for the Insurance Company that there was breach of the license conditions and when the Insurance Company takes up a defence of non possession of a driving license, the Prima facie burden is on them to prove the same. In the light of the fact that the learner's license is produced, it has to be presumed that the conditions are duly fulfilled especially in the absence of a contra pleading by the Insurance Company in their written statement. Therefore in the light of the decision referred to above, it has to be held that Insurance Company is bound to indemnify as there is no fundamental breach of the policy conditions. Therefore, the award does not suffer from any infirmity and the appeal is dismissed. M.N. KRISHNAN, JUDGE SS