GAYATHRI Vs. A R JAGADISH

JUDGEMENT

(1.) THOUGH this matter is listed for admission, with the consent of the Learned counsel for the respective portion, it is taken up for final disposal.

(2.) THIS appeal is by the claimants seeking for enhancement of the compensation in respect of the death of the deceased Chikkavoeregowda in a motor accident that took place on 15.01.2007 at about 9.30 p.m., in front of Ganesha Rice Mill at Chikkanahally situated on Hassan-Holenarasipura Road involving the car bearing registration No.KA-18-AA- 88 owned by the first respondent and insured with the second respondent at the relevant point of time.

(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. They contended that the accident in question has not taken place on account of the fault of the driver of the offending car. On the other hand, it is due to the negligence of the deceased himself. They further contended that the driver of the offending car did not possess valid and effective driving license to drive the vehicle in question as such the first respondent-owner has committed breach of terms and conditions of the policy. They also denied all other averments made by the claimants in their petition and contended that they are not liable to pay any compensation. Accordingly, they sought for dismissal of the petition as against them.