UNITED INDIA INSURANCE CO. LTD. Vs. PARVATHI HEBBAR

JUDGEMENT

(1.) The United India Insurance Company Ltd. has filed this appeal challenging the legality and correctness of the judgment and award-dated 18th March, 2011 passed in MVC No. 1167/2008 by the Motor Accident Claims Tribunal, Kundapura (hereinafter referred to as 'the Tribunal' for short) fastening liability on them to compensate the claimants.

(2.) Facts leading to the filing of the this appeal are as under :

(3.) In response to the notice issued by the Tribunal, the owner of the Maruti Omni remained unrepresented. The Insurance Company defended the case by filing written statement denying the entire averments made in the claim petition. They specifically contended that as on the date of accident, the driver of Maruti Omni was not holding a valid and effective driving license to drive the same. Further, the accident had occurred due to negligence on the part of the deceased and sought for dismissal of the claim petition.