NATIONAL INSURANCE CO LTD Vs. MASABI

JUDGEMENT

(1.) The appellant-Insurance Company was 4th respondent before the Motor Vehicles Accidents Claims Tribunal, Belgaum in M.V.C. No. 175 of 1981 and being aggrieved by the direction of the Tribunal to satisfy the award of Rs. 5,200/- with Court costs and current interest to the claimant therein, in respect of the injuries sustained by her in the accident involving autorickshaw bearing No. MYL 4537, has preferred this appeal. For the sake of convenience, the parties shall hereafter be referred, by virtue of their ranks before the Tribunal.

(2.) The accident is stated to have taken place on 10-12-1980 at 9.30 a.m. On Poona-Bangalore road connecting Khade-bazaar, Belgaum when the autorickshaw driven by respondent-3 in a rash or negligent manner dashed against her and caused fracture. The appellant pleaded before the Tribunal that the driver of the rickshaw did not hold a valid driving licence and therefore it was not liable to make good the compensation. The Tribunal has held that the driver held a learner's licence and he was also not disqualified from holding a licence and therefore the Insurance Company was liable to make good the compensation.

(3.) The vehicle that was being driven was a rickshaw and it was being driven by respondent-3 as an employee of the owner of the rickshaw and further the 3rd respondent was taking passengers in the vehicle at the time of the accident are all undisputed facts.