Response

If you have followed all the procedure while driving a car with learners licence as mentioned in Chapter II Rule 3;

(a) such person is the holder of an effective learner’s licence issued to him in Form 3 to drive the vehicle;
(b) such person is accompanied by an instructor holding an effective driving License to drive the vehicle and such instructor is sitting in such a position to control or stop the vehicle; and
(c) there is painted, in the front and the rear or the vehicle or on a plate or card affixed to the front and the rear, the letter “L” in red on a white background

Then you are entitled to claim insurance from the insurance company.
In case the car was not insured the owner has to pay the damages.

However in this case the person who over took was at fault. If he persists on paying damages then as per Section 184 of the Motor Vehicle Act, 1988 for 1 year and/or fines, can get his driving licence suspended.

Section 14 (5) of The Motor Vehicles (Driving) Regulations, 2017 states that
No vehicle shall overtake-
(a) if the traffic situation is not clear;
(b) if prohibited by any mandatory traffic signs;
(c) by crossing the continuous single or double solid longitudinal lane marking dividing the road;
(d) on a bend or corner or at any obstruction of any kind resulting in the road ahead not being clearly visible;
(e) at junctions, intersections and pedestrian crossings;
(f) at a transit location where the road narrows or where lanes on the carriage way are reduced in width;
(g) on a narrow culvert; or
(h) on a road where `School Zone’ or `Hospital Zone’ or `Construction Zone’ is indicated by road signs.

Reference: Section 14 (5) of The Motor Vehicles (Driving) Regulations, 2017;
Section 184 of the Motor Vehicle Act, 1988

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