LAWS(KAR)-2013-4-145

BASAVARAJU Vs. UNITED INDIA INSURANCE CO LTD

Decided On April 18, 2013
BASAVARAJU Appellant
V/S
M/S. United India Insurance Co. Ltd. By Its Manager And Anil Kumar S. Respondents

JUDGEMENT

(1.) MFA Nos. 15186/2007 and 15187/2007 are preferred by the claimants and MFA Nos. 1875 and 1876/2008 are preferred by the insurance company against the common impugned judgment and award, dated 30.7.2007 passed in MVC Nos. 8601 and 8602/2005 on the file of the III Additional Judge, Court of Small Causes and Member, MACT., Metropolitian area, Bangalore (SCCH No. 18). The brief facts of the case areas hereunder:

(2.) In the statement of objections filed by the insurer/respondent No. 1 therein, amongst other pleas, it is pleaded denying the cause of accident, nature of injuries suffered, amount of expenditure incurred, disabilities which are alleged to have been suffered etc. Further it is pleaded that though the vehicle in question is covered under the valid insurance policy, the liability is subject to the terms and conditions therein. Further it is specifically pleaded that the driver of the Tata Sumo alleged to be involved in the accident did not possess a valid and effective licence to drive the same and it is also stated that in the charge sheet filed against the said driver, he is charge sheeted for the offence under Section 3(1) of the Motor Vehicles Act also.

(3.) On the basis of the said pleadings, the following issues were framed by the Tribunal: