NEW INDIA ASSURANCE CO. LTD. Vs. P. NAGARAJ

JUDGEMENT

(1.) The challenge in these appeals is to the Common Judgment and award dtd. 25/2/2012 passed in MVC Nos.6605/2009 and MVC No.6607/2009 by the XX Addl. and XVIII Addl. ACMM, Bangalore (ACMM-18) (hereinafter referred to as the 'Tribunal').

(2.) The MFA Nos.8189/2012 and 8188/2012 are filed by the Insurance Company before this Hon'ble High Court challenging the liability; and MFA No.4277/2012 and 4278/2012 are filed before this Hon'ble High court, by claimants seeking enhancement of compensation . SUBMISSIONS ON BEHALF OF INSURANCE COMPANY:

(3.) Sri C.R. Ravishankar, the learned Counsel for the appellant Insurance Company, argues that the Tribunal made a serious error by holding the Insurance Company liable for the accident despite the driver of the offending vehicle not having a valid driving license. The Insurance Company claims to have made all efforts to obtain the driver's license for the offending vehicle, but the Tribunal failed to consider this fact. However, the Tribunal still assigned 50% liability to the Insurance Company. According to the First Information Report (FIR), the accident occurred when three individuals were riding a motorcycle with registration number AP-03-AD-8613 on Mangala Street in Palamner Town. The appellant asserts that the accident resulted from the reckless and negligent act of the motorcycle rider, not the driver of the auto- rickshaw. Therefore, the appellant argues that the motorcycle rider should be held primarily responsible for the alleged accident, and the Insurance Company should not be obligated to pay compensation.