ORIENTAL INSURANCE COMPANY LIMITED Vs. K C ARUNAKUMARA

JUDGEMENT

(1.) THIS appeal is filed under Section 173 (1) of the Motor Vehicles Act, 1988 (for short, 'act'), by the insurer calling in question the judgment and award dated 13th March, 2002 passed in M. V. C. No. 2001 of 1996 on the file of the motor Accidents Claims Tribunal, Bangalore (for short, 'mact' ).

(2.) THE claimant/injured while going on his bicycle from B. T. M. Layout to n. S. Palya on 28-3-1996 at about 4. 15 P. M. , a lorry bearing No. KA-01/6783 driven by its driver in a rash and negligent manner came from the opposite direction and dashed against the bicycle of the claimant. The claimant fell down and sustained grievous injuries. The driver of the lorry was prosecuted in Crime No. 498 of 1996 by the jurisdictional police.

(3.) THE claimant/injured instituted a claim petition in M. V. C. No. 2001 of 1996, seeking compensation for the injuries sustained by him in the accident. On notice, the respondents 2-the owner of the vehicle remained absent. The respondent 1, who is appellant herein resisted the claim of the injured. It was also contended that the driver of the lorry held only a light motor vehicle licence and therefore, did not have requisite licence for driving heavy goods vehicle. On this ground, the appellant sought to negate any liability out of the said accident. The MACT on the basis of the pleadings of the parties framed three issues. The claimant/petitioner examined himself as P. W. 1 and one doctor Prakashappa T. H. as P. W. 2 and got marked documents Exs. P. 1 to P. 15. The appellant-Insurance Company examined one of its Assistant divisional Manager as R. W. 1 and got marked document Ex. R. 1 said to be the certified extract of driving licence of the driver. The MACT on a consideration of oral and documentary evidence on record held the driver of the lorry as having caused the accident due to his rash and negligent driving. As regards the quantum of compensation, the MACT awarded total compensation of Rs. 71,080/- together with interest at 9% p. a. from the date of petition till its realisation. On the point of liability, MACT held that the driver of the lorry had not been disqualified from dirving the vehicle and therefore, clamped the liability on both the Insurance Company as well as the owner of the lorry to pay compensation. The appellant-Insurer being aggrieved of the said finding regarding liability has preferred this appeal.