KHAJA HUSSAIN Vs. BHASKAR S WALKE

JUDGEMENT

(1.) The Claimants as well as the Insurer are before this Court challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, Hospet ['Tribunal', for short], in MVC Nos.854/2008 and 855/2008.

(2.) Briefly stated the facts are: that the claimants instituted claim petition before the Tribunal seeking compensation for the death of Rafiq and Akram Basha. It was contended that the deceased met with the road traffic accident on 18.5.2008 owing to the actionable negligence of the driver of the truck bearing registration No.MH-12/DT-5668. The Insurer resisted the claim. The Tribunal, after appreciating the evidence on record, awarded the total compensation of Rs.2,74,600/- in MVC No.854/2008 and total compensation of Rs.6,39,650/- in MVC No.855/2008. Being aggrieved, the Insurer is before this Court mainly contending that the driver of the offending vehicle had no valid and effective driving licence at the time of the accident. The appeals are filed by the Insurer challenging the liability primarily on this ground whereas the claimants are before this court seeking enhancement of compensation.

(3.) Heard the learned Counsel for the parties and perused the material on record.