NATIONAL INSURANCE COMPANY LIMITED Vs. K. VEMANNA

JUDGEMENT

(1.) This is an appeal filed by the insurer challenging Judgment and Award passed by the Tribunal in so far as it relates to directing the insurer to pay and recover the amount of compensation awarded by the Tribunal in MVC No.7869/2008.

(2.) It is the case of the claimant that on 09.07.2008, at about 9.30 am., when the claimant was crossing the Palamaner-Chittoor NH-4, a motor cycle bearing registration No.AP-03-AE-0409 dashed against the claimant. As a result, the claimant suffered serious injuries. The claimant therefore, filed a claim petition under Section 166 of the Motor Vehicles Act, claming compensation of a sum of Rs.5,00,000/-.

(3.) The insurer filed its written statement contending that the driver of the offending motor cycle did not possess a licence to drive the motor cycle. The Tribunal having regard to the evidence on record, awarded compensation of a sum of Rs.60,067/- along with interest at the rate of 6% per annum from the date of petition till payment. Since, the Tribunal found that the rider of the motor cycle did not possess a valid licence, it directed the owner of the motor cycle to pay the said sum within a period of three months, failing which, the owner shall pay the interest at the rate of 8% per annum. However, since, the vehicle in question was covered by a policy of insurance, it directed the insurer to pay the compensation and recover the same from the owner of the offending vehicle.