G.GANGAPPA Vs. KARIYAPPA KALASAPPARA

JUDGEMENT

(1.) This is the second round of litigation before this Court. On an earlier occasion, when the Tribunal had held that the driver of the offending vehicle who was driving tractor cum trailer was not holding valid licence to drive the same, therefore, though the insurance policy was in currency, the liability was fastened on the owner of the vehicle.

(2.) On an appeal in MFA No.10023/2012, this Court remanded the matter back to the Tribunal for fresh consideration after examining the Regional Transport Officer with respect to the driving licence that the driver of the offending vehicle was holding a valid driving licence as on the date of the accident.

(3.) On remand, the Tribunal examined Sri Jagadeesh G.Rudrappa, Second Divisional Assistant of Regional Transport Office, Haveri, as RW2. The extract of the driving licence was marked as Ex.R9. Having examined Ex.R9, the Tribunal once again observes that it was evident from the extract of the driving licence that the driver was holding licence to drive heavy goods vehicle and yet comes to a conclusion that he was not holding a valid driving licence to drive a tractor-cum-trailer. Consequently, the liability was fastened on the owner of the vehicle and the insurance company was absolved of its liability even though the policy was in operation.