NEMAPPA Vs. BHIMANNA AND ORS.

JUDGEMENT

(1.) The Claimant is before this Court assailing the Judgment and Award dated 19.2.2011 passed by the Motor Accident Claims Tribunal No. VIII at Muddebihal in MVC No. 180/2008.

(2.) The Tribunal after appreciating the material evidence available on record, awarded compensation of Rs. 4,66,000/ - with interest at 6% per annum from the date of petition till the amount is fully realized exonerating the Insurer and directing the Owner -Respondent No. 1 to satisfy the Award.

(3.) Learned Counsel appearing for the Claimant would contend that the driver of the offending vehicle was driving a Tom Tom vehicle which is classified as light motor vehicle'. Hence, he had a valid and effective driving licence. The Tribunal overlooking this aspect, fastened the entire liability on the Respondent No. 1 exonerating the Insurance Company for the reason that the driver had no valid and effective driving licence and as such there was breach of the terms and conditions of the insurance policy.