ASHMATH B.I., W/O HASSAIN SAB Vs. VENKATARAJA BHATTAR, S/O VARADARAJA BHAT AND UNITED INDIA INSURANCE CO. LTD. BY ITS MANAGER

JUDGEMENT

(1.) THOUGH this matter is listed for admission with consent of the learned Counsel for the respective parties, it is taken up for final disposal.

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

(3.) AFTER service of notice, the first Respondent owner remained absent Hence, he was placed ex -parte. The second Respondent/insurer appeared and contested the claim of the Petitioner. It was contended that the accident in question has not taken place on account of the fault of the rider of the motor cycle. On the other hand, it took place due to the negligence of the claimant herself. They further contended that the rider of the motor cycle did not possess valid and effective licence to drive the motor cycle at time of the accident, as such there is breach of the terms and conditions of policy. They also denied all other averments made by the claimant in her petition. Accordingly, they sought for dismissal of the petition as against them.