A. BANU PRAKASH Vs. THIMMA SETTY

JUDGEMENT

(1.) This appeal is filed by the owner/appellant under Sec. 173(1) of Motor Vehicles Act, 1988 (hereinafter referred to as 'MV Act' for short), challenging the judgment and award passed in MVC No.392/2010 dtd. 1/3/2014, by the I Additional District Judge and MACT, Chikmagalur (hereinafter referred to as the 'Tribunal' for short), wherein the Tribunal has awarded a compensation of Rs.59,500.00 along with interest at 6% p.a. and holding respondent Nos.1 and 2 jointly and severally liable to pay the compensation. The petition against respondent No.3-Insurance Company is dismissed.

(2.) The brief facts of the case are as under:

(3.) Learned counsel for the appellant/owner submitted that the Tribunal has fastened the liability on the appellant/owner on the ground that the driver of the omni car was not holding driving license as on the date and time of the accident. But the driver was having driving license. Therefore, submitted that without considering this aspect, the Tribunal has wrongly fastened the liability on the owner of the vehicle and prays for exoneration of liability on the owner/appellant and to fasten the liability on the Insurance Company since there was a valid and effective driving license, as on the date of accident. Hence, prays to allow the appeal.