RELIANCE GENERAL INSURANCE CO LTD Vs. NAZIM

JUDGEMENT

(1.) THE present appeal is by the insurance company with which the vehicle namely Tata Indica Car bearing registration No.KA-03-C-4520 that was involved in the accident that occurred on 29.06.2008 at 8.30 p.m near Arabic College, Nagavara Main Road in Bangalore City was insured. THE other vehicle involved in the said accident was the motor cycle bearing registration No.KA-04- EE-7016 which was driven by the injured claimant.

(2.) THE facts that the accident occurred on the said date time and place, as a result of which the injured claimant sustained injuries and that the said vehicle was insured with the appellant-insurance company as on the relevant date of accident are not in dispute. THE appellant - insurer has challenged the correctness of the impugned Judgment and Award dated 24.11.2009 passed in MVC No.6741/2008 by the Motor Accidents Claims Tribunal, Bangalore (hereinafter referred to as 'Claims Tribunal' for short).

(3.) PER contra, learned counsel for the first respondent - claimant strongly contends that simply because the driver of the said vehicle was prosecuted for the said offences, it could not be held that he did not possess valid licence to drive the said car as on the relevant date of accident. He further contends that the insurer did not issue notice either to the owner or to the driver of the said vehicle calling upon him to produce the licence held by the driver and no material is obtained by the insurer from the office of the RTO in support of his plea that the driver of the said car did not possess the licence as on the relevant date of accident and therefore, the Claims Tribunal has rightly fastened the liability on the appellant - insurer to pay the entire amount of compensation to the claimant. He further contends that having regard to the nature of injuries sustained by the claimant as a result of the said accident and the permanent disability which the claimant has suffered, the Claims Tribunal has awarded reasonable amounts under various heads and therefore, the quantum of compensation awarded by the Claims Tribunal cannot be disturbed in the present appeal.