NATIONAL INSURANCE CO LTD Vs. SRINIVASA

JUDGEMENT

(1.) The National Insurance Company Limited has filed this appeal challenging the legality and correctness of the judgment and award dated 22-12-2008 passed in MVC No.5189/2005 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 facts leading to the filing of this appeal are: The first Respondent herein filed a claim petition contending that, on 15-10-2004 while he was proceeding in a car bearing Registration No.CKR 8485 on NH-4 near L.Mallappa Shetty Lake, Hosakote at about 1.00 a.m., within the jurisdiction of Hosakote Police Station, due to the rash and negligent driving of the said Car, it dashed against an unknown lorry. Due to that the claimant sustained injuries. Immediately after accident, he was shifted to the Government Hospital, Hosakote, thereafter he took treatment in B.R.Ambedkar Medical College Hospital. Prior to the accident, he was doing the work of ironing the clothes and earning Rs.6,000/- p.m. In view of the injuries he had sustained he cannot do the work which he was doing prior to the accident. Hence sought for compensation of Rs.6,00,000/-.

(3.) In response to the notice issued by the Tribunal, the second respondent-insurance company filed written statement denying the entire averments made in the claim petition and also contended that as on the date of accident, the driver of the offending car was not holding the valid and effective driving license. Further the insurance policy is an Act policy which covers the risk of 3rd party and the gratuitous passenger traveling in the car is not covered by the policy. Hence the insurance company is not liable to compensate the claimant and sought for dismissal of the claim petition.