PUTTARAJEGOWDA Vs. MANAGER, BAJAJ ALIENZ INSURANCE CO , LTD

JUDGEMENT

(1.) The first two appeals, i.e. M.F.A.No.6013/2009 & M.F.A.No.8971/2009 are respectively filed by the claimants and the Insurer against the same judgment and award dated 9th June 2009, passed in MVC No. 221/2008, by the Civil Judge (Sr.Dn) and Motor Accident Claims Tribunal, Arkalgud, (for short, Tribunal ) and the last two appeals, viz. M.F.A.No.8972/ 2009 & M.F.A.No.5878/ 2009 are respectively filed by the Insurer and the claimants against the same judgment and award dated 5th May 2009, passed in M.V.C.No.1296/2006, by the Additional Civil Judge (Sr.Dn) and Member, Additional Motor Accident Claims Tribunal, Hassan, (for short, Tribunal ).

(2.) While the claimants have filed the respective appeals seeking enhancement of compensation on the ground that the compensation awarded by Tribunal is on the lower side, the Insurer has filed the respective appeals seeking to set aside the impugned judgment and award passed by Tribunal, fastening liability on it, on the ground that the driver of the offending vehicle did not possess the valid and effective Driving Licence, as on the date of accident.

(3.) The undisputed facts of the case are that, the deceased persons, viz. Kamala @ Jyothi and Hema in the aforesaid Motor vehicle Cases met with an accident at about 10:30 P.M on 20-05-2006, when they were traveling in Vehicle bearing No.KA-41/940, on Bangalore-Mangalore Road, NH-48, near Thalikere hand post, on account of rash and negligent driving by the driver of the said vehicle and immediately, they were shifted to the Hospital, but unfortunately, they succumbed to the injuries sustained in the road traffic accident.