MAHESHWARAPPA Vs. TAMMINIDI RAMAKRISHNA

JUDGEMENT

(1.) CLAIMANT and Owner are in appeal. Enhancement of compensation is sought by the claimant and fastening of liability is challenged by the owner. Liability was fastened on the owner on the ground that the driver of the Vehicle was not having valid and effective driving license to drive the Heavy goods vehicle.

(2.) THE facts leading to the case are that when the claimant was driving a motor cycle as pillion rider on 28.07.2009, the offending vehicle lorry bearing registration No. KA17 A/5406 committed accident. In the accident, the claimant had sustained grievous injuries and he has stated that he was treated for about 70 days in the hospital. At the time of the accident, he was aged about 60 years. Further the learned counsel for the claimant submitted that he has suffered amputation to left leg and he is bed ridden. Ground for enhancement, he sought is by taking the income of the injured at Rs. 4,500/ - p.m. a suitable compensation is to be enhanced. Compensation awarded under the other heads like Pain and Sufferings, loss of income during the laid up period; Food, nourishment and medical and attendant charges are on lower side and sought for enhancement of the same. Though he made a prayer for fastening the liability on the insurer but failed to substantiate.

(3.) I have heard both and gone through the records. The Tribunal while considering the case of both the parties in order to fix the liability is considered Ex. R1 the copy of policy which was in force and Ex. R13 to Ex. R18 endorsement regarding driving license and Ex. R10 is the registration certificate of registration of the lorry and came to the conclusion that the vehicle was Heavy Goods Vehicle and license as per Ex. R13 and Ex. R.18 are issued to drive the light motor vehicle non transport. Valid Driving license it is for 3 years then it is legal and driving license issued for non transport vehicle it is for 20 years and he has to drive non transport vehicle only. Under these circumstances liability fastened on the owner by the tribunal is sound and proper.