NATIONAL INSURANCE CO., LTD., BANGALORE DIVISIONAL OFFICE, 3RD FLOOR, UNITY BUILDING ANNEXE, 72, MISSION ROAD, BANGALORE-27. BY NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, NO. 144, SUBHARAM COMPLEX, M.G. ROAD, BANGALORE-1 Vs. H.S. KUMAR, S/O.

JUDGEMENT

(1.) THESE two appeals, respectively by the Insurance Company and the injured claimant are directed against the same judgment and award dated 13th August 2007, passed in MVC No. 691/2005, by the Civil Judge(Sr. Dn) and Additional Motor Accident Claims Tribunal, Sira, (for short, 'Tribunal'). While the Insurer has filed the appeal seeking to set aside the impugned judgment and award passed by Tribunal, in so far as it relates to the direction issued to the Insurer to indemnify the award, on the ground that the driver of the offending vehicle did not possess a valid and effective Driving Licence, as on the date of accident; the injured claimant has filed the appeal seeking enhancement of compensation, on the ground that the compensation awarded by Tribunal is inadequate.

(2.) THE facts in brief are that, the claimant filed the claim petition under Section );">166 of the Motor Vehicles Act, contending that, at about 5:30 AM, on 14 -12 -2004, when the claimant was traveling in a Mini Bus bearing Registration No. KA -06/A -4020, the driver of the said bus drove the same in a rash and negligent manner and said Mini Bus capsized on left side of the road near Kadakol village on Mysore -Nanjangud Road. Due to the impact, the claimant sustained grievous injuries and was immediately shifted to the Hospital.

(3.) HOWEVER , it is the specific case of the Insurer that Ex.R2, the endorsement issued by the jurisdictional Regional Transport Officer establishes beyond reasonable doubt that as on the date of accident, the driver of the offending bus did not possess the valid Driving Licence. The Driving Licence issued by the jurisdictional authority in favour of the Driver of the offending vehicle, viz. K.R. Mallik was effective and in force from 07 -02 -2001 to 06 -02 -2004. The accident occurred on 13 -12 -2004, i.e. one week after the expiry of the said term. The claimant has not produced an iota of document to show that as on the date of accident, the driver of the offending vehicle, K.R. Mallik did possess a valid and effective Driving Licence. When once the driver of the offending vehicle does not possess a valid and effective Driving Licence, fastening the liability on the Insurer is not justifiable nor the same is permissible. In support of the said submission, he placed reliance on the judgment of the Apex Court in the case of New India Assurance Co. Ltd. Vs. Mandar Mahadev Tambe and others reported in 1996 ACJ 253, wherein it is held that the Insurance Company would be liable only if the vehicle was being driven by a person holding a valid Driving Licence or a permanent Driving Licence other than Learners Licence and if the driver was holding no licence as on the date of accident, then, the Insurance Company is not liable to indemnify the insured. Therefore, he submits that the impugned judgment and award passed by Tribunal is liable to be set aside at the threshold.