Learner's licence is a valid document & anyone learning to ride a motorcycle need not be accompanied by an instructor, said the Karnataka HC while relying on various judgments of the SC & other HC's.
Awarding a modified compensation of Rs 13.3 lakh to the husband & son of a headmistress who was killed in a road accident in May 2009, Justice R Natarajan noted that even the
Central Motor Vehicle Rules, which mandate the presence of an instructor in a motor vehicle being used by any learner, does not mention motorcycles.
National Insurance Company(NIC) had challenged the Sept 4, 2010 verdict of the fast-track court III, Belagavi, which had awarded Rs 12.7 lakh compensation with 9% interest to the husband & son of Mangala, who was killed in the accident on May 29, 2009.
Mangala, who was headmistress of a govt primary Marathi school at Belavatti, was riding pillion on a motor bike driven by Anjana when she fell off the 2-wheeler. Anjana allegedly rode the bike in a rash & negligent manner. Mangala succumbed to injuries 10 days later.
Her husband Jyotiba Appaji Shigate & their minor son moved the fast-track court, seeking Rs 30 lakh compensation. According to them, she was earning Rs 30,000 per month & was an income-tax assessee. The trial court awarded Rs 12.6 lakh, including Rs 11 lakh towards loss of dependency.
The insurer challenged the same contending that Anjana, who was riding the motor bike had only a learner's licence & was supposed to learn riding along with the instructor. The company further said Mangala's husband was also employed with an electricity firm & not dependent on her. On the other hand, counsel for Mangala's husband & son said an instructor is needed only for learning to drive a 4-wheeler.
Source Link
Picture Source :
