KUM SWETHA Vs. MANAGER NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THESE two appeals arise out of the judgment and award passed in MVC No. 108 of 2007 dated 30 -4 -2010 by the Motor Accident Claims Tribunal & Senior Civil Judge and JMFC, Arasikere. While MFA 7123 of 2010 is filed by the claimants in the claim petition seeking for enhancement of compensation, MFA No. 6927 of 2010 is filed by the insurance company challenging the liability saddled on it by the tribunal. Therefore, these appeals are heard together and disposed of.

(2.) THE claimants are the legal heirs of one Basavaraj S Police Patil, who was aged 36 years and working as junior engineer in panchayatraj engineering sub -division at Arasikere in Hassan district. According to the claimants, the deceased was working on contract basis since 1992 and after completion of 10 years of such service, as per the judgment of the Hon'ble Supreme Court, the services of the deceased were required to be regularized and that his case was under active consideration of the department. According to them, if the services of the deceased were regularized, he would have drawn more than Rs. 10,000/ - per month as salary as on the date of accident.

(3.) THE owner of the goods vehicle did not contest the case. The insurance company contested the claim petition, contending that the driver of the goods vehicle did not possess a valid driving licence and he was having a licence only to drive a light motor vehicle and not a goods vehicle. Therefore, the insurance company contended that the petition against the insurance company has to be dismissed.