MANAGER UNITED INDIA INSURANCE CO LTD Vs. SHANTHAMMA

JUDGEMENT

(1.) This appeal is by the insurer, queationing the liability fastened on it to pay the compensation awarded by the 1st Additional Judge and Motor Accident Claims Tribunal, (SCCH-11) Bangalore, in MVC. No. 1389/2006, dated 22.03.2007.

(2.) The Respondents 1 to 3 are the wife, mother and daughter of deceased Sabanna, who died in a motor accident that occurred on 17.07.2005, involving autorickshaw bearing No. KA-11/3025, During the enqiury before the Tribunal, the claimant-Respondents have established the factum of occurrence of accident, involvement of the offending vchicle-autorickshaw bearing No. KA-11/3025, rash and negligent driving of its rider, the insurance coverage of the said vehicle with the insurer, the Appellant herein. Therefore, this Court need not look into the said aspects, inasmuch as, the same has remained unchallenged.

(3.) Learned Counsel for the Appellant vehemently contended that, as on the date of accident, the driver of the offending vehicle had no valid licence to drive the said vehicle, as the licence (Ex. Rule 1) was valid only for the period from 25.04.1991 to 23.04.1994. Further she contended that, only with a view to fasten liability on the Appellant, the owner of the offending vehicle has not contested the case before the Tribunal and therefore, he contended that, the insurer has the right to take a defence, as contemplated under Section-149(2)(a)(ii) of the Act. Secondly she contended that, there was a violation of permit by the owner of the vehicle, inasmuch as, he has permitted to carry more passengers than permitted and therefore, the Tribunal was not justified in fastening the liability on the Appellant to indemnify the Appellant to pay the compensation awarded and therefore, the impugned award is liable to be set aside.