NEW INDIA INSURANCE CO LTD Vs. LAKSHMAMMA

JUDGEMENT

(1.) This appeal is by the insurer, questioning the liability as ordered in M.V.C. No. 3628/2007 dated 3.4.2008 on the file of M.A.C.T., Bangalore.

(2.) Respondent No. 2 herein had filed claim petition seeking compensation for the injury suffered in the road accident that occurred on 3.5.2007 alleging that the motor cycle bearing No. KA-04/EQ-7279 ridden by its rider came in a rash and negligent manner and dashed against him.

(3.) The said claim petition was contested by the insurer interalia denying its liability on the ground that the rider of the motor cycle was none other than the son of insured (owner) and further he did not possess the driving licence to ride the motor cycle, as such, the insurer is not liable to indemnify the liability of the owner, as it is violative of the terms and conditions of the policy.