HANUMANTHAPPA AND ORS. Vs. G. JAGADEESHA AND ORS.

JUDGEMENT

(1.) The insurer is challenging the judgment and award passed by the Civil Judge (Senior Division) and Member, VI-MACT, Kudligi ('Tribunal' for short) in MVC Nos. 4, 5, 6 and 1085 of 2009, whereas, the claimant is in appeal challenging the judgment and award of the Tribunal in MVC No. 4 of 2009.

(2.) Since the subject-matter of all these appeals pertain to the same accident, they are heard together and disposed of by this common judgment.

(3.) The insurer is assailing the impugned judgment and award solely on the ground that the driver of the offending vehicle did not possess the valid driving licence to drive the transport vehicle at the time of the accident. This fact had come to the knowledge of the appellant-insurer only when the DL extract in respect of the driver of the offending vehicle was secured. Placing reliance on the DL extract, sought to be produced as an additional evidence, the learned Counsel would contend that the driver of the offending vehicle had possessed valid driving licence to drive the LMV, not the transport vehicle, which clearly establishes the breach of terms and conditions of the Insurance Policy, as such the insurer is not liable to indemnify the owner.