LAWS(KAR)-2020-9-640

NAGESH ADIVEPPA PATIL Vs. KASHINATH GANAPATI PRABHAVALE

Decided On September 29, 2020
Nagesh Adiveppa Patil Appellant
V/S
Kashinath Ganapati Prabhavale Respondents

JUDGEMENT

(1.) The claimant is on appeal challenging the order of the I Add. Senior Civil Judge and Member, MACT, Belgaum, dated 02.11.2020 passed in MVC No.2532/2007.

(2.) The occurrence of the accident and the coverage of the Insurance policy is not in dispute. However, what is in dispute is as regards the driver of the vehicle not having a valid license to drive a truck which was insured by the Insurance Company. Taking the said fact into account, the Tribunal though awaded compensation directed the owner of the vehicle to make payment of the said money, absolving the Insurance company of its liability. It is aggrieved by the above and as also for enhancement of the compensation as awarded by the Tribunal, the claimant is before this Court on appeal.

(3.) Smt. Sunanda P. Patil, learned counsel for the appellant has filed a memo enclosing a copy of the driving license issued to the Driver of the vehicle, a copy of the same has been served on the counsel for the Insurance company. On a previous occasion the counsel for the Insurance company had sought for a short accommodation to verify the authenticity as also the veracity of the said license.