ORIENTAL INSURANCE CO. LTD. Vs. MAHADEVAPPA

JUDGEMENT

(1.) This appeal is by the Insurance Company against the judgment and award dtd. 20/2/2013 passed in M.V.C.No.87/2011 on the file of the Fast Track Court and Motor Accident Claims Tribunal, Kollegal sitting at Chamarajanagar ('the Tribunal' in short).

(2.) Appellant is the respondent No.2; respondents 1 to 3 are the petitioners and respondent No.4 is respondent No.1 before the Tribunal. For the sake of convenience, the rank of the parties will be referred to as per their status before the Tribunal.

(3.) Brief facts leading to filing of this appeal are, petitioners are the elder brothers of one Prakash, the deceased. On 19/9/2010 at about 10.00 p.m., the deceased was the pillion rider in a motor cycle bearing No.KA-10/E-2679 raided by respondent No.1 met with an accident on Chamarajanagar-Gundlupet Main Road and sustained injuries and they were shifted to JSS Hospital, Mysore. On 20/9/2010 the deceased died in the hospital. Claiming that the deceased was earning Rs.25,000.00 by doing agricultural work and also owning a tailoring shop, the petitioners have approached the Tribunal. Claim is opposed by the respondents stating that, at the time of accident, the rider did not possess valid driving licence and there is violation of terms and conditions of the policy.