NATIONAL INSURANCE CO. LTD. Vs. MANGALA

JUDGEMENT

(1.) Challenging judgment and award dtd. 7/9/2013 passed by V Additional District Judge and VI Additional MACT, Belagavi, ('Tribunal', for short) in MVC no.1897/2011, this appeal is filed.

(2.) Sri RR Mane, learned counsel for appellant submitted, appeal was by insurer challenging award mainly on liability. It was submitted, as per claimants, at 5:00 p.m., on 18/5/2011, when Bheemappa Maruti Khot was travelling in Jeep no.KA-23/M-2428 from Athani, towards Teravatti, its driver was driving it in rash and negligent manner due to which, he lost control and it toppled down, leading to death of Bheemappa. Alleging loss of dependency, his wife and children filed claim petition under Sec. 166 of Motor Vehicles Act, 1988 ('MV Act' for short) against owner and insurer of insured vehicle and arraying parents of deceased as respondents.

(3.) After service of notice, only insurer appeared and contested claim. Apart from denying age, occupation, income of deceased, even occurrence of accident due to rash and negligent driving of insured vehicle by its driver was also denied. It was contended, liability of insurer was subject to insured confirming to terms and conditions of policy and establishing driver of insured vehicle had valid and effective driving licence as on date of accident etc.