UNITED INDIA INSURANCE CO. LTD Vs. CHANDRASHEKHARSWAMY @ CHANDRASHEKHAR

JUDGEMENT

(1.) This appeal is filed by the Insurance Company, challenging the Judgment and award passed in MVC No.194/2009 dated 27.04.2010 by the II Additional Senior Civil Judge and Addl. MACT, Hubli.

(2.) Heard the arguments of the learned counsel for the appellant-Insurance Company and the learned counsel for the respondent Nos.1 and 2-claimants.

(3.) The brief facts of the case are that, on 26.02.2009 at 3.45 p.m., the son of the respondent Nos.1 and 2, who was 01 year 08 months old, was going on the road at Sainagar, Teacher 's colony, Unkal, Hubli. At that time, a goods Tempo bearing registration No.KA- 23/4528 driven by its driver in a rash and negligent manner, dashed to the child and due to the accident the child sustained grievous injuries and was taken to KIMS Hospital, Hubli, wherein it was declared as dead. The police registered a criminal case against the driver of the Tempo. The charge-sheet was filed against the driver of the Tempo for the offences punishable under Sections 379 and 304A of Indian Penal Code and Section 181 of Motor Vehicles Act, 1988. The respondent No.1 and 2 i.e. claimants presented the claimant petition, claiming compensation for the death of their child and the tribunal taking into consideration the evidence of the claimants and the documents, held that the driver of the vehicle was driving the said vehicle without driving license and the Insurance Company is liable to pay a sum of Rs.1,50,000/- as compensation, with interest at the rate of 6% per annum and to recover the same from respondent No.3 i.e. the owner of the Tempo as there is violation of policy conditions.