K.H.KASIM Vs. NATIONAL INSURANCE CO.

JUDGEMENT

(1.) MFA No.6379/2017 is filed by the claimants challenging the judgment and award dtd. 23/11/2016 passed in MVC No.1037/2015 on the file of IV Additional District Judge and Member, MACT, Dakshina Kannada, Mangalore, (hereinafter referred to as 'the Tribunal'), for seeking enhancement of compensation.

(2.) MFA No.1459/2017 and MFA No.4021/2017 are filed by the Insurance Company challenging the judgment and award dtd. 9/11/2016 and 23/11/2016 passed in MVC.No.1836/2014 and MVC.No.1037/2015 on the file of the Motor Accident Claims Tribunal and Prl. Senior Civil Judge, Mangalore and IV Additional District Judge and Member, MACT, Dakshina Kannada, Mangalore, fastening the liability on the ground that the driver of Gas Tanker Lorry was not having valid, effective and requisite driving licence to drive the Gas Tanker Lorry and prays for exoneration from liability.

(3.) Brief facts of the case are: It is the case of the claimants that the deceased was proceeding from Thiruchana Pattali towards Mangalore side slowly by observing the rules and regulations of the traffic by driving the Tempo Traveller bearing Reg.No.KA19/AA/2343 along with tourists and when they reached near Kadubasappa Temple, B.M.Road Kamalapura Village, Periyapatna Taluk, Mysore, on 14/5/2014 at about 5:00 a.m., at that time, a Gas Tanker Lorry bearing Reg.No.KA-19/D-4617 came from opposite side with high speed and in a rash and negligent manner and dashed Tempo Traveler, due to which, the deceased who was driving Tempo Traveller sustained fatal injuries and succumbed to the injures on the spot. Therefore, legal heirs of the deceased have filed the claim petition under Sec. 166 of the Motor Vehicles Act (hereinafter referred to as 'the Act') for claiming compensation and the Tribunal has awarded compensation of Rs.9,36,000.00 along with interest at the rate of 6% p.a., from the date of petition till its realization fastening the liability on the Insurance Company to pay compensation.