UNITED INDIA INSURANCE COMPANY LIMITED Vs. KUSUMA RAJANNA

JUDGEMENT

(1.) Aggrieved by the judgment dated 01.12.2010 passed in MVC No.1023 of 2008 by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru City (SCCH- 10), in partly allowing the claim petition, the Insurance Company is in appeal seeking to set aside the judgment and award passed by the Tribunal.

(2.) The brief facts of the case are that, on 12.06.2007 at about 7.45 a.m., when the passengers were travelling in a bus bearing registration No.KA-06/D-3366, on Nelamangala-Doddaballapura road near Aralumallige road, within the limits of Doddaballapura rural police station, due to the rash and negligent driving of the said bus by the driver, an accident occurred, due to which, the inmates sustained grievous injuries. The Tribunal, considering the matter has awarded compensation which has not been challenged by the claimants.

(3.) The learned Counsel appearing for the Insurance Company contends that the claim of the claimants has to be dismissed, since the vehicle which is the subject- matter of the accident as covered by the Insurance Policy did not have a valid permit for the area, where the accident occurred. That is to say, that the offending vehicle had no valid permit in order to ply at the place, where the accident occurred. Hence, on this ground, the learned Counsel for the appellant-Insurance Company contends that the liability could not have been imposed on the Insurance Company and the Tribunal ought to have dismissed the said claim petition, due to violation of the Insurance Policy.