THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 2025 of 2011 JUDGMENT: The appeal is filed against the order dated 14.06.2004 in O.P.No.983 of 2000 on the file of the IV Additional District Judge, Ranga Reddy District at L.B.Nagar questioning the liability of the insurance company. A claim was made for compensation of Rs.80,000/- for the injuries received by the petitioner in a motor accident on 06.04.2000 at about 1.30 p.m. when he was going on his moped, the auto bearing No.AP 13V 656 came in a rash and negligent manner and dashed against the petitioner, as a result of which he received multiple injuries. The 1st respondent is said to be the owner of the vehicle, remained ex parte and the 2nd respondent is the insurance company filed counter denying the nature of accident, nature of injuries and its liability. After considering the evidence and material on record, the lower Tribunal has granted a compensation of Rs.40,000/- against the appellant and also the owner of the vehicle. The substantial contention of the learned counsel for the appellant is that from the evidence of R.Ws.1 and 2 and also Exs.B-2 to B-5, the driver of the auto was not having a valid driving license and consequently there is no liability. It is not in dispute that the driver was having a learning license and it is not a case where the driver has no license at all. The claimant herein is a third party and in such circumstances when the auto was driven by a person having one type of license, though it may not be valid, still the insurance company cannot avoid the liability in view of the judgment reported by the Supreme Court in National India Insurance Co. Ltd. v. Swaran Singh and others[1]. Therefore, I find that there are no merits in the appeal. The appellant can recover the amount from the owner of the vehicle. Accordingly, the appeal is dismissed. No costs. ________________________ N.R.L.NAGESWARA RAO, J 14-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A.No. 2025 of 2011 DATE: 14-09-2011 MR [1] 2004 SCCL.COM 22