GOPAL Vs. ARJUN

JUDGEMENT

(1.) Though this appealis posted for admission, with the consent of both sides the matter is taken up for final disposal.

(2.) This appeal by the claimant is directed against the impugned judgment and award dated 30.10.2015 passed in MVC No.564/2013 by the III Addl. Senior Civil Judge and Addl. MACT, Hubballi, (Itinary Court at Kalghatagi),(for short the Tribunal ) whereby the tribunal awarded a compensation in a sum of Rs.9,69,000/- together with interest @ 6% interest to the claimants who are the parents and brother of the deceased Manjunath Gopal Ganj igatti, who died in a fatal road traf fic accident that occurred on 09.04.2013. By the impugned judgment and award, the tribunal absolved the Insurance Company ofits liability to pay compensation and fastened the entire liability upon the owner of the offending vehicle on the ground that the driver of the vehicle did not possess a valid and ef fective driving license to drive the vehicle as on the date of the accident.

(3.) The owner/driver of the of fending vehicle having been served, he has chosen to remain absent and has not contested the appeal.