MARUTHI RAO, S/O. S. RAGHAVENDRA RAO Vs. ASLAM MAIKAL FERNANDIS, S/O. C.A. FERNADIS AND THE NEW INDIA ASSURANCE CO. LTD. REP. BY. ITS DIVISIONAL MANAGER

JUDGEMENT

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

(2.) THIS appeal by the claimant is directed against the common impugned judgment and award dated 07.03.2009 passed in MVC No. 1121 / 2006 by the Civil Judge (Sr. Dn), Additional MACT, Kundapura seeking for enhancement of compensation in respect of the injuries, which he has sustained in a motor accident.

(3.) ON service of notice, the Respondents appeared through their respective counsels Among them, the first Respondent did not choose to file any statement. The second Respondent/Insurer contested the claim of the Petitioner by filing statement. It was contended that the accident in question has not taken place due to the fault of the driver of the offending jeep. On the other hand, it has taken place on account of the fault of the rider of the motor cycle, in which the claimant was proceeding as pillion rider. They further contended that the driver of the offending jeep did not possess any valid and effective licence to drive the jeep in question at the time of the accident. As such there is breach of terms and conditions of the policy issued, hence they are not liable to pay any compensation. Accordingly, they sought for dismissal of the petition.