IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Misc. Appeal No.304/2000 {M/s. New India Assurance Co. Ltd. Versus Mohan & Another} Date of Order :: 20th October, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ram Singh Rathore for Mr. G.K. Bhartiya for the appellant Mr. J.P. Gupta for the respondents BY THE COURT: Heard learned counsel for the parties. 2. The only contention urged on behalf of the appellant-Insurance Company is that Tribunal committed an illegality in fastening the liability of the Insurance Company to indemnify the amount of compensation awarded against the owner of the vehicle as admittedly the driver of the vehicle in the present case was holding a learner's license. He, therefore, assailed the finding of the Tribunal in respect of issue no. 5. The controversy in this regard is now settled by the Hon'ble Supreme Court in the case of National Insurance Company Versus Swaran Singh 2004 (1) TAC 321, wherein their Lordships of the Hon'ble Supreme Court held that it cannot be said that the person holding a learner's license is not entitled to drive -2- the vehicle and Insurance Company was held responsible to make the payment of amount of award. 3. Para 80 & 81 of the aforesaid judgment are reproduced as under:- “80. Motor Vehicles Act, 1988 provides for grant of learner's license. [See Section 4(3), Section 7(2), Section 10(3) and Section 14]. A learner's license is, thus, also a license within the meaning of the provisions of the said Act. It cannot, therefore, be said that a vehicle when being driven by a learner subject to the conditions mentioned in the license, he would not be a person who is not duly licensed resulting in conferring a right on the insurer to avoid the claim of the third party. It cannot be said that a person holding a learner's license is not entitled to drive the vehicle. Even if there exists a condition in the contract of insurance that the vehicle cannot be driven by a person holding a learner's license, the same would run counter to the provisions of Section 149(2) of the said Act. 81. The provisions contained in the said Act provide also for grant of driving license which is otherwise a learner's license. Section 3(2) and 6 of the Act provide for the restriction in the matter of grant of driving license, Section 7 deals with such restrictions on granting of learner's license. Sections 8 & 9 provide for the manner and conditions for grant of driving license. Section 15 provides for renewal of driving license. Learner's licenses are granted under the rules framed by the Central Government or the State Governments in exercise of their rule making power. -3- Conditions are to the learner's licenses granted in terms of the statute. A person holding learner's license would, thus, also come within the purview of “duly licensed” as such a license is also granted in terms of the provisions of the Act and the rules framed thereunder. It is now a well-settled principle of law that rules validly framed become part of the statute. Such rules are, therefore, required to be read as a part of main enactment. It is also well-settled principle of law that for the interpretation of statute an attempt must be made to give effect to all provisions under the rule. No provision should be considered as surplusage.” 4. In view of above, the controversy involved in the present appeal is fully settled by the Hon'ble Supreme Court in the above referred case. There is no merit in this appeal and the same is, accordingly, dismissed with no order as to costs. (NARENDRA KUMAR JAIN),J. DK