ORIENTAL INSURANCE CO LTD Vs. PAPANNA @ PAPEGOWDA

JUDGEMENT

(1.) These two appeals respectively by the Insurer and the claimant are directed against the impugned judgment and award dated 27.8.2007 passed in MVC No.5548/2005 on the file of the XII Addl. Judge Motor Accident Claims Tribunal at Bangalore ('Tribunal' for short).

(2.) The Tribunal, by its judgment and award has awarded a sum of Rs.1,92,400/- with interest at 6% p.a. from the date of petition till the date of realization, on account of the injuries sustained in the road traffic accident.

(3.) It is the case of the Insurer that it is not liable to indemnify the amount on the ground that the driver of the offending vehicle Tractor cum Crane did not possess an effective Driving license as on the date of accident. As such, the Tribunal ought to have dismissed the claim petition at the threshold.