Recently, I met with a car accident. I am a LMV learner license holder. During accident I was driving the car. My question is whether l will get the claim as a learner license holder as no one accompanied me during my journey? 

Ans: – Thank you for openly sharing such a sensitive and important incident.
– These issues are emotionally heavy and financially complex.
– Seeking clarity and responsibility is a mature and responsible step.

? Key Legal Elements in Your Case
– The victim was a pedestrian running from the side, not a fellow rider.
– A pillion rider (trainer) was with you at the time of the accident.
– You held only a learner’s licence during the incident.

? Learner’s Licence and Legal Implications
– A learner's licence is valid only under certain conditions.
– A trainer or instructor must be a valid full licence holder.
– The vehicle should not be driven alone by a learner.

– If these conditions were violated, it can weaken your legal defense.
– Insurers may reject claims if the licence conditions are breached.
– This includes absence of proper supervision or lack of dual-control.

? Insurance Liability in Such Situations
– The motor insurance company may deny the claim.
– They may do this citing violation of licence rules.
– Courts often assess whether this violation directly caused the accident.

– If the court feels the licence violation didn’t cause the accident,
– Then partial or full compensation may still be awarded from insurer.
– Otherwise, the liability can shift to the vehicle owner and rider.

? Role of the Victim’s Actions
– The pedestrian ran suddenly onto the road.
– This may be seen as contributory negligence.
– Courts do consider such behaviour while deciding compensation.

– In such cases, the compensation amount is often reduced.
– Courts weigh all circumstances before finalising who pays how much.

? Impact of Pillion Rider (Trainer) in This Case
– If the trainer had a valid full licence, your case improves.
– It shows you were not riding alone as a learner.
– If he lacked a valid licence, that weakens your side.

– Also, if the trainer was not alert or guiding, court may question supervision.
– The court may even see trainer as partially responsible.

? Compensation and Court Decisions
– Generally, under the Motor Vehicles Act, compensation is no-fault based.
– The family of the deceased may still be awarded some amount.
– The insurance company usually pays first and recovers later if needed.

– If your insurer proves breach of licence, they may recover from you.
– This is done through a process called “recovery rights.”

– Compensation is paid by:

Primarily: The insurance company (if no breach proven)

Otherwise: The vehicle owner or the rider (if breach is established)

? Importance of FIR and Charge Sheet
– The contents of the FIR and charge sheet are crucial.
– If they show fault of the pedestrian, it may help your defence.
– If they highlight your learner status and negligence, it weakens your position.

? Possible Legal Outcomes
– If learner licence condition was followed, insurer may fully pay.
– If not followed, court may order partial or full payment by you.
– Pedestrian’s fault may reduce the amount to be paid.

– In some cases, the liability is split.
– Court may order partial payment by insurer and partial by you.

– Each case depends on how the court views the facts and evidence.

? Way Forward and Legal Defence
– You must have a lawyer representing your case in court.
– A good defence would highlight:

Supervision by trainer with valid licence

Pedestrian’s fault in suddenly crossing

Reasonable driving effort from your side

– Also show intent to follow rules and absence of rash driving.
– These details matter to reduce or shift liability.

? Final Insights
– Compensation liability depends on multiple factors.
– Learner’s licence status can complicate insurer payout.
– But it doesn’t mean you are automatically liable fully.

– If supervision was valid, insurer may still be held responsible.
– If violation is proven, you may need to compensate.
– But even then, contributory negligence of pedestrian can reduce amount.

– It is essential to have legal counsel defend your side.
– Keep all records, FIR, and insurance papers ready for court.
– Show that there was no rash driving and proper precautions were taken.

– These cases are judged not only on rules but also on circumstances.
– Hope this helps you understand the position better and prepare wisely.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment