TATA AIG GENERAL INSURANCE CO. LTD Vs. SHIVAGANGAVVA

JUDGEMENT

(1.) The appellant-Insurance Company has assailed the judgment and award dtd. 20/11/2021 passed in MVC No.1637/2019 by the IV Additional Senior Civil Judge and Member, MACT-XV, Vijayapura, (Hereinafter referred to as 'Tribunal' for short) on the ground that the liability fastened on the appellant (respondent No.2 before the Tribunal) is incorrect and illegal and prays to set aside the said judgment and award.

(2.) Briefs facts leading to filing of this appeal are as under:

(3.) It is the contention of the appellant that the deceased was not possessing valid and effective license to drive two wheeler, therefore, there is violation of the policy conditions by the deceased/owner of the said two wheeler. It is further contended that though the Tribunal has held that the Insurance Company is liable to pay the compensation, as there is violation of the policy conditions the Insurance Company is not liable for payment of compensation, but it is the owner of the said two wheeler who is to pay compensation.