NEW INDIA ASSURANCE CO. LTD., BY ITS DIVISIONAL OFFICE, CLUB ROAD, BELGAUM. BY ITS REGIONAL OFFICE, NO. 2-B, UNITY BUILDING ANNEXE, P. KALINGA RAO ROAD (MISSION ROAD) BANGALORE-, 560027, REPRESENTED BY ITS REGIONAL MANAGER Vs. SRI VITTHAL ANAPPA

JUDGEMENT

(1.) THIS appeal by the insurance company under section );">173[1] of the Motor Vehicles Act, 1938, questioning the order and Award of the Tribunal in MVC No.207 of 2006 dated 18.8.2009 on the file of the Civil Judge [Sr. Dn.,] and Addl. MACT, Raibag, whereby the Tribunal had made the appellant - insurance company jointly liable to pay compensation of a sum of Rs. 1,36,260/ - to the claimant - a person insured due to an accident caused by a truck bearing registration No.KA -23/5569, the owner of which truck had been indemnified by the insurer in respect of third party claims by the issue of relevant policy in this regard.

(2.) THE sole ground urged by the appellant - insurance company to wriggle out of its liability is that the driver of the tractor did not have a valid driving licence at the time of the accident.

(3.) ON this aspect I have heard Sri. S S Sajjan, learned counsel for the appellant and Sri, Bahubali N Kanabargi, learned counsel for the first respondent.