BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. THIMMANNA

JUDGEMENT

(1.) THE first three appeals by the Insurer are directed against the common judgment and award dated 29th January 2011 passed in MVC Nos.234/2009, 325/2009 and 342/2009 respectively by the Senior Civil Judge and Motor Accident Claims Tribunal(Itinerary), Hosadurga, (for short, 'Tribunal'), awarding Rs.1,15,000/-, Rs.2,08,000/- compensation of & Rs.2,40,000/- respectively and M.F.A.No.3159/2011 by the claimant is directed against the common judgment and award dated 28th December 2010, passed in MVC.No.324/2009, by the Senior Civil Judge & Additional MACT, Holalkere, (for short, 'Tribunal'), awarding compensation of a sum of Rs.1,04,600/-, in favour of the claimant.

(2.) THE Insurer has presented the first three appeals on the ground that the driver of the offending vehicle did not possess a valid and effective Driving Licence and hence, the Tribunal is not justified in fastening the liability on the insurer to satisfy the award passed by Tribunal and also erred in not reserving liberty to the insurer to pay and recover the same from the owner of the offending vehicle. THE claimant/appellant has preferred M.F.A.No.3159/2011, seeking enhancement of compensation on the ground that the compensation awarded is on the lower side and needs enhancement.

(3.) AS against this, learned counsel appearing for claimants submits that the impugned judgments and awards passed by Tribunal is just and proper and it does not call for interference.