Accident Compensation – Learner’s licence of person driving the motor cycle

The appellant while driving the Kinetic Nova gave dash to the respondent no.2.  The respondent no.2 suffered fracture to his left leg and incurred heavy medical expenses.

The Tribunal passed an “pay and recover” order for compensation jointly payable by the appellant and the respondent no.1 Insurance Company.

The appellant produced learning licence in the first appeal and relied on proviso to Rule 3 of the Central Motor Vehicle Rules to contend that an instructor holding driving licence is not required to accompany a person having learner’s licence while driving the motor cycle in public place.

HELD that the proviso is interpreted for having such instructor present even on the motor cycle with driving person with learner’s licence, mainly for the safety of such driver and also the public.   Therefore, presence of instructor with driving licence is must for effective application of Rule 3.  Thus, the motor cycle is not exempt from the application of Rule 3(b).

Judgment dated 3.2.2025 of the High Court of Bombay, Bench at Nagpur, in First Appeal No.854 of 2009 of Ku.Nilima Murlidhar Dakhane  Vs.  Bajaj Alianz General Insurance Co. Ltd and another