NATIONAL INSURANCE COMPANY LIMITED BANGALORE Vs. N VASU

JUDGEMENT

(1.) THESE three appeals arise out of the common judgment and separate award passed in m. v. c. nos. 348 to 350 of 1992, dated 29-10-1999 passed by mact, dakshina kannada, mangalore.

(2.) THE essential facts of the case necessary for disposal of these appeals are as follows: the tribunal by Order dated 29-10-1999 has disposed off the claim petitions filed in m. v. c. nos. 348 to 350 of 1992 by awarding compensation of rs. 19,265/-, 1,24,700/- and rs. 16,400/- by holding that the accident occurred due to rash and negligent driving of the lorry bearing No. Ctx 9556 belonging to the first respondent. It was contended by the insurance company that the driver of the said lorry did not hold an effective driving licence to drive the lorry on the date of accident (11-1- 1992 ). The said contention was negatived by the tribunal in its judgment and the tribunal held that respondents 1 and 2, owner and insurer are jointly and severally liable to pay the compensation in all the petitions and accordingly, passed the award.

(3.) BEING aggrieved by the said judgment and award insofar as it states about the liability of the insurance company also by holding that the driver of the lorry did hold a valid driving licence on the date of accident, the insurance company has preferred these appeals contending that it is not liable to pay the compensation as ordered by the tribunal and the compensation awarded to the petitioners has to be paid by the owner only as the driver of the offending lorry did not have a valid driving licence on the date of accident.