R. MURTHY Vs. P.SAGAYAM

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for respondent No.2 insurance company. Though respondent No.1 is served, he is unrepresented.

(2.) The appellant has challenged the findings recorded in MVC No. 8980/2009 dated 22.06.2012 on the file of MACT, Court of Small Causes, Bengaluru City, wherein a total compensation of Rs.1,27,000 with interest @ 6% per annum was awarded to the appellant for the injuries sustained by him in a road traffic accident occurred on 30.05.2009 involving an Active Honda Motor cycle bearing Reg.No.KA-51-K-168 and a goods tempo bearing Reg.No.KA-21-5360. The Tribunal while awarding the aforementioned compensation, held that the driver of the goods tempo was not holding a valid driving license to drive the said tempo and accordingly held that the owner of the said vehicle is solely liable to pay the compensation.

(3.) Assailing the impugned judgment and award passed by the Tribunal, learned counsel for the appellant would vehemently contend that the accident in question and the actionable negligence on the part of the driver of the vehicle is not in dispute. However, the Tribunal has erred in exonerating the insurance company from its legal liability to pay compensation though there was a valid insurance policy for the vehicle in question. He contends that even if the driver was not holding a driving licence, the insurer cannot be absolved from its liability to indemnify the third party. He relies on the judgment of the Hon'ble Apex Court in the case of Pappu and others V/s Vinod Kumar Lamba and another, 2018 3 SCC 208. He further contends that the appellant was working as a mason and he has suffered neurological disability. The doctor has assessed the whole body disability at 38.8%. However, erroneously the Tribunal has taken the disability at 10%. He further contends that the income taken and the total compensation awarded under different heads are on a lower side and accordingly seeks to allow the appeal by enhancing the compensation as claimed.