MOAHMMED Vs. MALLAYYA AND ORS.

JUDGEMENT

(1.) This appeal is filed by the owner of the vehicle challenging the liability imposed on him to pay the compensation to 1st respondent for the injuries sustained in a motor vehicle accident.

(2.) The facts reveal that on 05.04.2010 at about 2.00 p.m., 1st respondent was proceeding in the Autorickshaw bearing registration No. KA-33/4953 on Yadgir-Raichur road near Ramasamudra village. The driver of the Autorickshaw drove it in a rash and negligent manner and horns of a she-buffalo by the side of the vehicle pierced, the 1st respondent and he sustained grievous injuries. He took treatment in the hospital but has suffered disability. Therefore, he made a claim for compensation.

(3.) After recording the evidence, the tribunal held the driver rash and negligent and a sum of Rs. 1,35,000/- was awarded as compensation for the injuries suffered. A contention was raised by the insurer that the driver had no valid and effective driving licence to drive the Autorickshaw and that the insurer is not liable to pay the compensation, for the breach of conditions of policy. The tribunal accepting the said contention held that the licence was to drive a non-transport vehicle and as the vehicle in question is a transport vehicle, there was no valid driving licence. Therefore, the liability was imposed on the owner to pay the compensation. Aggrieved by the judgment and award imposing liability, the owner has approached this Court in appeal.