PAWADEPPA Vs. SHANTA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant. The present appeals are heard and disposed of by this common judgment.

(2.) THE appeals are preferred by the owner of an Auto rickshaw, which was involved in a motor accident. The insured claimants having preferred claim petitions, the same were resisted by the insurance company as regards its liability on the ground that the driver of the auto rickshaw did not possess a valid driving licence. This has been held in favour of the insurance company and the liability has been fastened on the owner. Hence, the appellant is in appeal.

(3.) THE learned Counsel for the appellant would contend that the question is no longer res integra, in that, a learned Single Judge of this court in the case of Bajaj Allianz General Insurance Company Limited vs. Devappa,, (2013) Kant. MAC 420 (Kant.), has held as follows: