NEW INDIA INSURANCE CO LTD Vs. GANGARASAIAH

JUDGEMENT

(1.) THIS appeal under section 173 (1) of Motor Vehicles act, 1988 (for short 'the Act'), is filed by the insurer of the motor vehicle involved in the accident, calling in question the judgment and award dated 30. 5. 2003 passed in M. V. C. No. 259 of 2000 on the file of the court of the Prl. Civil Judge (Sr. Dn), bangalore Rural District (for short 'the m. A. C. T. ' ).

(2.) THE facts of the case are that: on 26. 4. 2000 at about 6. 30 a. m. near honnenahalli Channakatte Dabaspet Shivagange Road, the claimant was standing on the left side of the road and at that time the passenger Tempo bearing registration no. KA 14-5029 came from Shivagange towards Dabaspet driven at a high speed and in a rash and negligent manner by the driver and dashed against the claimant. Due to the said accident, the claimant sustained grievous injuries like fracture of right patella, fracture of right humerus, fracture of left femur, fracture of nasal bone and to other parts of the body. The claimant is said to be an agriculturist by profession earning Rs. 4,000 p. m.

(3.) THE claimant sought compensation of rs. 2,00,000 by filing a claim petition in m. V. C. No. 259 of 2000. The respondent no. 2 insurance company, the appellant in this appeal, entered appearance and filed its statement of objections, while the owner and driver though appeared through their counsel, did not file any statement. The appellant in its written statement took a specific contention that the driver of the vehicle did not possess the valid driving licence to drive the transport vehicle on the date of the accident and, therefore, the insurance company was not liable to pay compensation in view of breach of terms of insurance policy.