Case: Bhuwan Singh Vs. M/S Oriental Insurance Co.Ltd

an effective learners licence may also drive the vehicle and such a person satisfies the requirement of the Rule 3 of the Central Motor Vehicle Rule 1988. Limitations as to useAgri. Use. 11. Concededly the appellant had been holding a learners licence. It expired on 22.12.2000. The accident took place on 5.1.2001. He applied for grant of a regular licence only on 22.1.2001, whereafter only the licence was granted to him. Rule 14 of the Central Motor Vehicles Rules, 1989 provides for the manner in which an application for driving licence is to be filed. Such an application is to be filed in Form 4 and is required to be inter alia accompanied by an effective learners licence to drive the vehicle of the type to which the application relates. 12. Different provisions in the Motor Vehicles Act as also rules framed thereunder exist for filing applications for grant of learners licence and a licence. Whereas an application for grant of a learners licence is filed in form 3 prescribed by the rules; an application for grant of licence is filed in Form 4. 13. The word effective licence is defined in Section 3 of the Act. Sub- Section 2 of Section 149, however, uses the word duly licensed. In Swaran Singh (supra), a three-Judge Bench of this Court has drawn a distinction between the said two terms. 14. The Act provides for grant of a learners licence. It indisputably is a licence within the meaning of provisions thereof. A person holding a learners licence is also entitled to drive a vehicle but it is granted for a specific period. The terms and conditions for grant of a learners licence are different from those of a regular licence. Holding of a learners licence is imperative for filing an application for grant of licence as provided for in Rule 4 of the Rules. Converse however is not true. Only because the appellant held a learners licence which had expired and was not valid on the date of accident, he cannot be said to be duly licensed. It is true that despite expiry of a regular licence, it may be renewed, but no provision has been brought to our notice providing for automatic renewal of learners licence. In Ram Babu Tiwari v. United India Insurance Co. Ltd. & Ors., III (2008) ACC 776 (SC)=VIII (2008) SLT 167=(2008) 8 SCC 165 , this Court held: “18. It is beyond any doubt or dispute that only in the event an application for renewal of licence is filed within a period 30 days from the date of expiry thereof, the same would be renewed automatically which means that even if an accident had taken place within the aforementioned period, the driver may be held to be possessing a valid licence. The proviso appended to Sub-section (1) of Section 15, however, clearly states that the driving licence shall be renewed with effect from the date of its renewal in the event the application for renewal of a licence is made more than 30 days after the date of its expiry. It is, therefore, evident that as, on renewal of the licence on such terms, the driver of the vehicle cannot be said to be holding a valid licence, the insurer would not be liable to indemnify the insured." 15. Appellant herein raised a specific plea that he was not driving the vehicle and one Diwan Singh was driving the same. The said fact was within his special knowledge. Burden of proof, therefore, to prove the same was on him. He did not examine Diwan Singh. 16. The claimants in their claim petition described the appellant as owner as well as driver of the vehicle. The Insurance Company, as noticed hereinbefore, has also categorically raised the plea that the appellant was not holding a valid and effective licence. The burden of proof ordinarily would be on Insurance Company to establish that there has been a breach of conditions of the contract of insurance. In this case, however, the burden in terms of Section 106 of the Evidence Act was on the appellant. He failed to discharge the said burden. As indicated hereinbefore, not only a criminal case was pending against him, he was also charge-sheeted. 17. A finding of fact has been arrived at that he had been driving the vehicle. He in view of the pleadings raised by the Insurance Company cannot be said to have been prejudiced by non-framing of specific issue as to whether he was driving the vehicle or not. He was aware of the pleadings of the parties. He adduced evidence in that behalf. The Tribunal as also the High Court arrived at a finding of fact that it was the appellant who had been driving the vehicle.18. If that be so, the question raised before us must be determined having regard to the proved facts namely as on the date of accident he was not holding any valid and effective licence.19. In terms of Section 149 of the Act, the Insurance Company would be liable to pay the awarded amount to the claimants provided the accident is covered by the terms of the policy, although the burden in respect thereof would be in the Insurance Company.20. It is now well settled in view of Section 58 of the Indian Evidence Act that facts admitted need not to be proved.21. The question as to whether the appellant was holding a valid licence or not was within his knowledge. The driver was to show that he held licence in respect of the vehicle for which he had filed an application. Filing of an application and grant thereof would therefore are pre-requisite for holding a valid and effective licence.22. As on 5.1.2001 the appellant was not duly licensed as his learners licence expired on 22.12.2000. He filed an application for grant of licence much later. Insurance Company, therefore, in our opinion was not bound to reimburse him in terms of the Contract of Insurance.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]14. The Act provides for grant of a learners licence. It indisputably is a licence within the meaning of provisions thereof. A person holding a learners licence is also entitled to drive a vehicle but it is granted for a specific period. The terms and conditions for grant of a learners licence are different from those of a regular licence. Holding of a learners licence is imperative for filing an application for grant of licence as provided for in Rule 4 of the Rules. Converse however is not true. Only because the appellant held a learners licence which had expired and was not valid on the date of accident, he cannot be said to be duly licensed. It is true that despite expiry of a regular licence, it may be renewed, but no provision has been brought to our notice providing for automatic renewal of learners licence.A finding of fact has been arrived at that he had been driving the vehicle. He in view of the pleadings raised by the Insurance Company cannot be said to have been prejudiced byof specific issue as to whether he was driving the vehicle or not. He was aware of the pleadings of the parties. He adduced evidence in that behalf. The Tribunal as also the High Court arrived at a finding of fact that it was the appellant who had been driving the vehicle.18. If that be so, the question raised before us must be determined having regard to the proved facts namely as on the date of accident he was not holding any valid and effective licence.19. In terms of Section 149 of the Act, the Insurance Company would be liable to pay the awarded amount to the claimants provided the accident is covered by the terms of the policy, although the burden in respect thereof would be in the Insurance Company.20. It is now well settled in view of Section 58 of the Indian Evidence Act that facts admitted need not to be proved.21. The question as to whether the appellant was holding a valid licence or not was within his knowledge. The driver was to show that he held licence in respect of the vehicle for which he had filed an application. Filing of an application and grant thereof would therefore arefor holding a valid and effective licence.22. As on 5.1.2001 the appellant was not duly licensed as his learners licence expired on 22.12.2000. He filed an application for grant of licence much later. Insurance Company, therefore, in our opinion was not bound to reimburse him in terms of the Contract of Insurance.