UNITED INDIA INSURANCE CO. LTD. Vs. KASHIMSAB

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant-Insurance Company.

(2.) The factual matrix of the claimants before the Tribunal is that the deceased was proceeding in the motorcycle and in the opposite direction, an auto rickshaw came and dashed against him. As a result, he had sustained grievous injury of fracture of femur and immediately, he was taken to Dr. Bijapur Hospital, Arvind Nagar, Hubli and then, he was shifted to K.L.E. Hospital and even at GSS Hi-Tech Hospital, Hubli and he had undergone operation and he was discharged. He was under continuous treatment from the date of the accident and therefore, was again admitted to the hospital on 21/12/2009 and was operated on 24/12/2010 and discharged on 30/12/2009. Even after surgery also, he has not recovered and ultimately, he died on 5/4/2010. Hence, the claimants have filed the claim petition before the Tribunal.

(3.) In pursuance of the claim petition, the respondent No.1 has appeared in person and respondent Nos.2 and 3 appeared through their counsel and respondent No.2 filed a written statement contending that FIR and charge-sheet discloses that the driver of the Tribunal was not possessing driving license to drive the auto rickshaw and respondent No.2, knowing fully well that the driver was not possessing valid and effective driving license, had authorized the respondent No.1 to drive the vehicle.