RELIANCE GENERAL INSURANCE CO.LTD Vs. AMBARAYA

JUDGEMENT

(1.) Challenging judgment and award dtd. 6/7/2017 passed by II Addl. Senior Civil Judge and MACT, Kalaburagi (for short, 'tribunal') in MVC no.885/2013, this appeal is filed.

(2.) Shri Subhash Mallapur, learned counsel for appellant-insurer submitted that appeal was by insurer challenging award only insofar as finding on liability of insurer to pay compensation. And therefore, occurrence of accident involving of insured vehicle, respondent-claimant sustaining injuries in said accident due to rash and negligent driving of insured vehicle and coverage of insurance policy as on date of accident were not in dispute.

(3.) It was submitted that as on date of accident i.e. 12/12/2012, driver of insured vehicle was possessing driving licence to drive light motor vehicle but was driving auto-rickshaw without transport endorsement, that too without valid permit. Hence violating terms and conditions of policy. Therefore, tribunal was not justified in passing impugned award against insurer.