KAVITA Vs. MD MASTAN SAB

JUDGEMENT

(1.) In these appeals, the common judgment and award passed by MACT, Gulbarga (for brevity Tribunal) is under challenge.

(2.) Facts briefly stated:

(3.) Mfa No.200219/2014 is arises from MVC No.541/2011 which is filed by the widow and parents of the deceased-Mallikarjun Nelgi, rider of the motorcycle. The insurer contested the claim on the ground that there were two pillion riders on the motorcycle. Hence, the deceased had equally contributed for the accident. The insurer and the owner of the motorcycle bearing registration No.KA-39/E-8318 since not impleaded, the claim is bad in law for non-joinder of necessary parties. The driver of the Tom Tom Auto was not holding valid driving licence to drive the vehicle therefore, the owner of the said vehicle committed breach of terms and conditions of the policy by handing over the said vehicle to the unconcerned person.