SHANTHAMMA Vs. NARAYANAPPA

JUDGEMENT

(1.) Heard.

(2.) Though the appeals are listed for admission, with the consent of both the learned counsel, they are taken up for final disposal.

(3.) M.F.A. No.5569/2011: The appellant is the insurer. The learned counsel for the appellant would canvass the appeal on the ground of liability of the insurer to satisfy the claim. The learned counsel for the appellant would submit that the driver and the owner of the vehicle were called upon to furnish copy of the document i.e., driving license. Despite notice, neither the owner nor the driver has placed on record copy of the document sought for. Hence, the appellant's counsel submits that the appellant has taken all steps as required under law to demonstrate their defence that the driver did not possess valid and effective driving license on the date of the accident and hence, the matter requires further consideration at the hands of this Court. Per contra, learned counsel for the respondents/claimants submits that letters addressed by the appellant/insurer to the driver of the offending vehicle have been returned with shara that there is no such addressee in the address detailed therein. Hence, he would submit that the police have charge-sheeted the driver and shown him as absconding and it is also not in dispute that there is no charge under Section 3 of the Motor Vehicles Act, 1988 is laid against the driver.