C. BALAKRISHNA Vs. C. MUNIRAJU AND ORS.

JUDGEMENT

(1.) The appellant, Mr. C. Balakrishna, is aggrieved by the award dated 23 -6 -2009, passed by the II Additional Civil Judge (Senior Division), Bangalore Rural District, Bangalore, whereby the learned Tribunal has exonerated the M/s. Cholamandalam General Insurance Company Limited, respondent No. 2, from its liability to pay the compensation to the appellant in M.V.C. No. 137 of 2004.

(2.) The brief facts of the case are that on 26 -1 -2004 at about 7.30 a.m., the appellant was riding a motor cycle, bearing Registration No. KA -02 EH -1726, on the Bangalore -Sarjapura road. At the relevant time, a TVS Moped, bearing Registration No. KA -05 EN -2542, came from the opposite direction, being driven rashly and negligently, dashed against the appellant. Consequently, the appellant suffered grievous injuries. He was admitted in the HOSMAT Hospital at Bangalore for a period of five days. Subsequently, the appellant filed a claim petition before the learned Tribunal. In order to support his case, the appellant examined two witnesses, and submitted forty -nine documents. The Insurance Company, on the other hand, examined a single witness and submitted four documents. After going through the oral and documentary evidence, by award dated 23 -6 -2009, the learned Tribunal granted a compensation of Rs. 1,81,000/ - together with an interest at the rate of 6% per annum from the date of petition till its realisation, but exonerated the Insurance Company. The learned Tribunal imposed the liability of paying the compensation upon Mr. C. Muniraju, the respondent No. 1, before this Court. Hence, this appeal filed by the appellant.

(3.) Relying on the case of the National Insurance Company v/s. Swaran Singh [ : (2004) 3 SCC 297], the learned counsel for the appellant has pleaded that even if the driver of the offending vehicle did not have a valid driving licence, even then the Insurance Company can be held liable for paying the compensation amount and the right of recovery can be given to the Insurance Company.