NATIONAL INSURANCE COMPANY LIMITED Vs. MAREPPA; BHIMAWWA; BHIMAPPA

JUDGEMENT

(1.) Appeal is by the insurer of offending vehicle challenging the judgment and award passed by the Tribunal on the ground of liability as well as on quantum.

(2.) As there is no dispute regarding death of one Guntappa in a road traffic accident that occurred on 26.10.2005 due to rash and negligent driving of a offending jeep bearing registration No.KA-33/A-2255 by its driver, the points remains for my consideration in this appeal are:

(3.) Sri Shivanad Patil, learned counsel appearing for the insurer of offending jeep submits that the owner of the offending jeep having allowed the vehicle to be driven by a person who is not having valid and effective driving licence, the insurer is not liable to indemnify the liability of the owner and to pay compensation to the claimants. Without considering this, the Tribunal has committed an error in fastening liability on the insurer of offending jeep. Regarding quantum, he submits claimants are major children of the deceased hence, deduction of 1/3rd of the income of the deceased by the Tribunal towards his personal expenses is not just and proper. Consequently, the compensation awarded by the Tribunal is on the higher side and therefore, he prays for allowing the appeal as prayed for.