NATIONAL INSURANCE CO LTD Vs. YALGURDAPPA

JUDGEMENT

(1.) The Appellant-Insurance Company has preferred this appeal praying to set-aside the impugned judgment and award dated 17.11.2001 passed in MVC No. 1064/2000 on the file of MACT-IV(X), Bagalkot, in so far as saddling liability on the Insurance Company.

(2.) The facts leading to file this appeal in brief are as follows: The original Respondent No. 1 Yalgurdappa had filed a claim petition under Section 166 of Motor Vehicles Act in M.V.C. No. 1064/2000 against Respondent No. 2 herein and present Appellant seeking compensation of Rs. 20,00,000/- towards personal injuries sustained by him in the motor vehicle accident that occurred on 23.05.2000. It is the case of the Respondent-claimant that on 23.05.2000 after completion of his work at Alamatti the claimant and other persons were travelling in an Auto-rickshaw bearing registration No. KA-29/3441 from Alamatti to Sutagundar. The driver of the Auto-rickshaw was driving the vehicle in a rash and negligent manner and as a result of which, he lost control over the Auto-rickshaw and it turned turtle near Desai Land on NH-13. The claimant sustained grievous injuries.

(3.) The Respondent No. 1/owner-cum-driver of the Auto-rickshaw entered appearance and filed written statement admitting that he was the owner-cum-driver of the vehicle and he had a valid driving licence to drive the vehicle. But he denied the averments of the claim petition that the accident occurred due to his rash and negligent driving of the vehicle and that the injuries sustained by the claimant are simple in nature.