UNITED INDIA INSURANCE CO LTD Vs. HONNAPPA

JUDGEMENT

(1.) This appeal is filed challenging the judgment and award passed in MVC No.1318/2014 dated 09.08.2016 on the file of Senior Civil Judge and JMFC, Arsikere by the Insurance Company questioning the liability.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claim petition was filed by the claimant stating that on 17.02.2014 while he was proceeding in his motorcycle near Rangapura Government School, the driver of Canter lorry bearing registration No.KA-13-6866 came from opposite direction in a rash and negligent manner and dashed against the motorcycle, which resulted in grievous injuries to the claimant. The Insurance Company took the defence before the Tribunal that the vehicle involved in the accident is a transport vehicle and the driver had not possessed any valid and effective driving licence to drive a transport vehicle as on the date of the accident. Insurance Company, in order to prove and substantiate its stand, examined the Senior Assistant as RW2 and RTO as RW3. RW3 gave evidence before the Tribunal and produced driving licence extract of the driver. The said driving licence extract was produced by him and marked as Ex.R5. RW3 specifically asserted in his examination-in-chief that the driver was not in possession of the requisite driving licence to drive the transport vehicle. He further stated that no application is filed within 30 days from the date of expiry of the transport driving licence earlier held by him and the lorry which caused the accident is a heavy goods vehicle. According to the said witness, the driver was not entitled to drive the said transport vehicle. The Tribunal relying upon the decision rendered in the case of NATIONAL INSURANCE COMPANY LIMITED V. ANNAPPA IRAPPA NESARIA AND OTHERS, 2008 ACJ 721 SC proceeded to saddle the liability on the Insurance Company. Being aggrieved by the said award, the Insurance Company is before this Court by filing the appeal.