MUNISWAMY Vs. CHARLES KATANU GEORGE

JUDGEMENT

(1.) The above appeal is preferred against the judgment and award dated 22.10.2008 passed in MVC No. 1981/2007 on the file of the VII Additional Judge, Court of Small Causes and Member, MACT, Bangalore City. It is the case of the claimant that on 28.12.2006 at about 10.00 a.m. when he was standing by the side of the road near Auto Mart Junction at Sarjapura Road in order to cross the road, the Honda Activa Scooter bearing registration No. KA-01-ED-7301 came from Agara Circle towards Jakkasandra side in a rash manner in high speed and dashed against the claimant, who was on the extreme left side of the road, on account of which, the claimant fell and sustained grievous injuries and immediately he was shifted to St. John's Medical College Hospital where he was treated, etc; Further it is contended that in the said accident, he sustained grievous injuries such as fracture of both bones of right leg, fracture of roof of left orbit and further it is contended that at the time when he met with the accident, he was aged about 51 years working as a mason with an income of Rs. 4,500/- p.m. and on account of the injuries sustained, he suffered disability to the right lower limb and in the circumstances, he sought awarding of compensation from the owner and insurer of the said vehicle which was involved in the accident.

(2.) To substantiate his case, the claimant apart from getting himself examined as P.W. 1 also examined the doctor, who treated and assessed his disability as P.W. 2 and got marked Exs. P. 1 to P. 13. On behalf of the respondents, one of the official of the insurance company is examined as R.W. 1 and Exs. R. 1 and R. 2 are got marked.

(3.) The Tribunal on appreciating the evidence so let in, deemed it fit to award a sum of Rs. 1,18,680/- with interest at the rate of 6% p.a. from the date of petition till realisation and the said award was passed only against respondent No. 1 the owner of the vehicle and dismissed the claim petition as against the insurer of the vehicle on the ground that the rider of the scooter was not having the required driving licence to drive the same and as such, there is violation of condition of the policy of the insurance.