THE DIVISIONAL MANAGER Vs. KASTURI @ LAXMIBAI

JUDGEMENT

(1.) The Insurance Company is in appeal, challenging the Judgment and award dated 29.02.2012 in MVC No.263/2010 of the Motor Vehicles Claims Tribunal-IX, Mudhol.

(2.) By way of the said award, the Tribunal after considering the matter awarded compensation of Rs.6,05,000/-, directing the respondent No.2-Insurance Company to make payment of the said amount.

(3.) Sri. M.K. Soudagar, learned counsel for the Insurance Company/appellant in support of the above appeal would contend that the driver of the offending vehicle which is covered under insurance by the appellant did not have a driving licence at all and as such there being a fundamental breach of the terms of the policy, the Insurance company is absolved from its liability, and if at all it is the insured/owner of the vehicle who has to make payment of the due amounts. On these grounds, he submits that the appeal needs to be allowed.