VIJAYAKUMARI R. Vs. KALPANA

JUDGEMENT

(1.) All the above appeals arise out of the Motor Vehicle Accident which occurred on 19-1-2014 at 6.45 p.m. near RMC yard, on Devanahalli Tumkur Road within Doddaballapura town limits between the Tanker lorry No. KA-17/A-2777 and motorcycles bearing registration Nos. KA-01/W-6181 and KA 50/ Q-7786. In the said accident one S.J. Punith, the pillion rider of motor-cycle No. KA-50/Q-7786 died and Avinash, the rider of motor-cycle No. KA-50/Q-7786 suffered injuries. Hanumanthappa, the rider of motor-cycle No. KA-01-W-6181 also suffered injuries.

(2.) The injured Avinash, Hanumanthappa and heirs of S. J. Punith, filed different claim petitions before different Tribunals and the awards were passed in their favour as set-out in the table below: <FRM>JUDGEMENT_156_LAWS(KAR)7_2017.html</FRM>

(3.) The Tribunals held that the accident occurred due to the rash and negligent driving of the driver of the Tanker. Tribunals held that though the offending Tanker is covered by the policy issued by the insurer, the driver did not possess the licence as required under Section 14 (2) of the Motor Vehicles Act, thereby there is violation of policy condition. Therefore, the Tribunals fastened the liability to the owner of the offending vehicle and absolved the insurer from the liability of satisfying the award amount.