THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. SHRI C.SUNDARA RAJ S/O.LATE CHINNASWAMY

JUDGEMENT

(1.) The Bajaj Allianz General Insurance company filed this appeal challenging the legality and correctness of the judgment and award dated 7th February 2011 made in MVC No.9503/2009 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal' for short) fastening liability on them to compensate the claimant.

(2.) The first respondent herein filed a claim petition contending that on 01-11-2009 at about 2.40 p.m., while he was proceeding on the footpath new BEML Railway Station of Bangarpet-KGF Road, a Hero Honda Unicorn motor cycle bearing Registration No.KA-02/EP-9495 ridden by its rider in a rash and negligent manner came from KGF side and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to the Government Hospital at KGF. He had taken treatment there as an inpatient from 01-11-2009 to 04-11-2009. Prior to the accident, he was working as a mason and earning Rs.7,500/- p.m. In view of the injuries and permanent disability suffered by the claimant, he cannot do the work of mason and sought for compensation of Rs.5,00,000/-.

(3.) In response to the notice issued by the Tribunal, the insurance company defended the case by filing the written statement and contended that rider of the Hero Honda motorcycle was not holding valid and effective driving license as on the date of accident. Hence, the insurance company is not liable to compensate the claimant.