DIVISIONAL MANAGER Vs. GOPINATH OMU TALEKAR

JUDGEMENT

(1.) The insurance company is before this Court in this appeal challenging the liability fastened on it under judgment and award dated 21.09.2011 passed in MVC No.112/2010 on the file of the 1st Addl. MACT, Karwar (for short, 'Tribunal').

(2.) The insurance company was respondent No.3 and respondent No.1 herein was claimant before the Tribunal. The claimant filed claim petition under Section 166 of the MV Act claiming compensation for the injuries sustained by him in a motor vehicle accident. The Tribunal on assessing the material placed before it by both parties, awarded total compensation of Rs.7,10,000/- with interest at 6% per annum till deposit and held that respondent Nos.2 and 3 are jointly and severally liable to pay compensation and further directed respondent No.3-Insurance Company to deposit the compensation amount. Aggrieved by the said saddling of liability on the insurance company, the insurance company is before this Court in this appeal contending that the Tribunal committed an error in fastening the liability on it, as the rider of the motor cycle had no driving license to ride the motor cycle in question.

(3.) Heard the learned counsel for the appellant and learned counsel for respondent No.1 (a & b). Perused the material on record.