YALLAWWA Vs. BUNESH KUMAR G CHADHA

JUDGEMENT

(1.) ALL these appeals under Section 173(1) of M.V. Act are arising out of the common judgment and award dated 18.09.2008 in MVC Nos.110/2007, 112/2007, 113/2007, 114/2007, 115/2007 and 52/2008 on the file of the Civil Judge, (Senior Division) and MACT at Hangal.

(2.) BRIEF facts which gave rise to these appeals are as under:

(3.) ALL the claim petitions were contested by the insurer of the lorry namely National Insurance Company Limited contending that the lorry in question was not at all involved in the accident, that it has been falsely implicated by the claimants in collusion with the police and the owner of the Katama in order to claim compensation. It is also contended that all these claimants and deceased -Joteppa were travelling in the said Katama, a goods vehicle as passengers and since the passengers cannot travel in the goods vehicle, they have filed claim petition against the lorry in question though it was not at all involved in the accident. It is further contended that the driver of the Katama had no valid and effective driving licence as on the date of the accident, there is a breach of policy conditions by the owner of the Katama and it is for this reason also they have falsely implicated the lorry in question and filed claim petition. For all these reasons, the Insurance Company sought for dismissal of all the claim petitions.