VIJAYKUMAR, S/O RAMANAIK Vs. KARTHIK S/O S.M. MUNIYAPPA, K. RAVI S/O K.S. KARIBASAPPA AND THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH this matter is listed for admission.; with the 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 injuries which he has sustained in a motor accident.

(3.) AFTER service of notice the second Respondent insurer remained absent, Hence, he was placed exparte, The first and third Respondent -owner and the insurer' appeared before the Tribunal through their counsel However, the first Respondent -owner did not choose to file any objection. The third Respondent filed his objections and contended that the accident in question did not take place on account of the fault of the rider of the motor cycle. On the oilier hand it is due to the negligence of the claimant himself. They also contended that they are not liable to pay any compensation as the rider did not possess valid and effective driving licence. Accordingly; they sought for dismissal of the petition.