BASANAGOUDA Vs. AJIT C. GEORGE AND ORS.

JUDGEMENT

(1.) The claimant in M.V.C. No. 87/2003 on the file of Addl. Civil Judge (Sr. dn) and Addl. MACT, Ranebennur, (hereinafter referred to as 'Tribunal', for short) has preferred this appeal challenging the judgment and award of the Tribunal dated 16.10.2007 with regard to quantum of compensation and the liability.

(2.) For the sake of convenience, the parties shall be referred to in this appeal as per their rankings before the Tribunal.

(3.) Briefly stated facts of the case are that on 20.12.2002 at about 17 -45 hours, while the claimant was riding his bicycle near Halgeri cross on P.B. Road, a motorcycle bearing registration No. CTU -8800 dashed against his bicycle causing injuries to him. He suffered fracture of tibia with 45% disability to right lower limb. He filed the instant petition before the Tribunal for compensation. On being notified, the insurer/respondent No. 2 contested the petition on the ground that the rider of the motorcycle did not possess a valid driving license. Owner of the vehicle viz., respondent No. 1 remained ex -parte before the Tribunal. Claimant examined himself as PW -1 and a doctor viz., Umakant Ullal as PW -2 and got 33 documents marked as Exs. P -1 to P -33. On behalf of the insurer, one witness was examined as RW -1 and 4 documents marked as Exs. R -1 to R -4. On consideration of the material evidence on record, the Tribunal awarded a compensation of Rs. 37,560/ - with interest at 6% per annum and absolved the insurer from the liability on the ground that the rider of the motorcycle did not possess a valid driving license which was a breach of condition of the contract. Being aggrieved by the quantum and absolving the insurer, the claimant has preferred this appeal.