LAWS(KAR)-2017-11-260

ORIENTAL INSURANCE CO. LTD. Vs. MASTER HARSHAVARDHAN GOWDA

Decided On November 03, 2017
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
Master Harshavardhan Gowda Respondents

JUDGEMENT

(1.) The appeal by the insurer as against the judgment and award dated 4.12.2015 passed in M.V.C. No. 2737/2014 on the file of 5th Additional Small Causes Judge and 24th ACMM, Member, MACT, Bengaluru.

(2.) The respondent No. 1-claimant made a claim for compensation for having suffered several injuries in a road traffic accident on 2.3.2014. The claims Tribunal has awarded a compensation of Rs. 64,280/- along with interest at 9% per annum.

(3.) The ground urged by the insurer is that the Tribunal has committed an error in fastening the liability on the insurer though the driver of the vehicle was not in possession of valid driving licence. It is submitted that under Section 3 of the Motor Vehicle Act, no vehicle could ply on a public road without a valid driving licence. In the case on hand, the driver had driving licence to drive two wheeler but he was driving a four wheeler, which is violation of the contract.