B.K. PREETHI Vs. C.N. AMRESH KUMAR

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and award passed by the M.A.C.T., Bangalore, dated 6.3.2012, in M.V.C. No. 3185/2010.

(2.) THE claimants and the Insurance Company are in appeal being not satisfied with the award passed by the Tribunal. Therefore, these two matters have been clubbed together.

(3.) THE owner and insurer of the TATA Ace goods vehicle contested the matter. According to them, there was no negligence on the part of the driver of the goods carrier and he is not at all responsible for the cause of the accident. According to them, a false police complaint was lodged against their driver and that they are not liable to pay compensation. The Insurance Company further contended that the liability of the Insurance Company would be subject to the driver of the goods vehicle possessing an effective valid license and fitness certificate.