RANGAPPADAS Vs. K SRIVASTAVA RAO

JUDGEMENT

(1.) THIS appeal arises out of an order made by the Motor Accidents claims Tribunal at Bellary whereby the m. V. C. No. 347 of 1996 has been allowed in part and a sum of Rs. 1,39,000 with interest at 9 per cent per annum awarded as compensation for the injuries sustained by claimant in a motor accident. The claimant has sought a suitable enhancement of the said amount apart from a direction that the amount so awarded maybe recovered from the respondent insurance company with whom the offending vehicle was insured at the relevant time.

(2.) ON 20. 6. 1995 at about 4 p. m. , the claimant while walking near Ramanagara railway gate was knocked down by a jeep bearing registration No. MYT 8855 coming from the opposite direction and being driven in a rash and negligent manner by its driver. The accident resulted in severe injuries to the claimant who was shifted to the hospital at Davanagere for treatment where he remained as an inpatient for nearly 4 months. A claim petition was in due course filed by him before the Tribunal at bellary for compensation of an amount of rs. 2,50,000 which was opposed by the respondents on several grounds giving rise to four issues which the Tribunal framed and has decided in favour of the claimant in terms of the impugned judgment. The tribunal held that the accident in question had occurred due to rash and negligent driving of the jeep by its driver and that the claimant had sustained bodily injuries as a result of the same. The Tribunal also held that the claimant was entitled to compensation for the injuries sustained by him and determined a sum of Rs. 1,39,000 as the amount due to him under the following heads: @@@198. htm@@@

(3.) INTEREST at 9 per cent per annum was awarded on the above amount. Having done so the Tribunal held that the driver who was driving the offending vehicle at the time of the accident did not possess a valid driving licence which constituted a violation of the terms of the insurance policy and absolved the insurance company of the responsibility to pay the amount of compensation determined by it. The amount of compensation was consequently made recoverable jointly from the driver and the , owner of the vehicle. The present appeal filed by the claimant not only questions the amount of compensation determined by the Tribunal and seeks a suitable enhancement in the same but challenges the finding of the Tribunal insofar as the liability of the insurance company to pay the awarded amount is concerned.