K. LAXMAN KUDVA S/O. K. PUNDALIKA KUDVA Vs. BABURAYA KUDVA S/O. SRI K. PUNDALIKA KUDVA AND THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS matter is listed for admission, with the consent of learned Counsel for the respective parties and as records have also been received, it is taken up for final disposal.

(2.) THIS is appeal is by the claimant seeking for enhancement of compensation in respect of the injuries which he has sustained in a motor accident.

(3.) AMONGST the Respondents, on service of notice, the 1st Respondent -owner remained absent. Hence he was placed exparte. The 2nd Respondent -insurer appeared and contested the petition. It was contended that the accident has not occurred due to the fault of the rider of the motorcycle and further as the rider did not possess valid and effective driving licence and as there is breach of the conditions of the policy, they are not liable to pay any compensation, accordingly sought for dismissal of the petition.