UNITED INDIA INSURANCE COMPANY LTD Vs. DHANALAKSHMI

JUDGEMENT

(1.) THE Insurance Company his filed this appeal against an award in MVC No. 255/94 on the file of the Court of the Motor Accident Claims Tribunal, III Court, Raichur, dated 23. 01. 96 challenging the fastening of the liability of paying compensation on the appellant/3rd respondent.

(2.) THE facts which have led to this appeal may briefly be stated as follows:the respondents 1 and 2 are the Wife and minor son of the deceased Rama Rao who died in a motor Vehicle accident filed an application for compensation. The petitioner's case was that on 20,5. 1994 at about 9. 30 p. m. when the deceased was proceeding on Gangavathi Sindhanoor road, a lorry bearing No. KA-15/0049 which was being driven in a rash and negligent manner by the 3rd respondent (1st respondent before the Tribunal) dashed against Rama Rao resulting in the spot death. b) The Insurance Company in its written statement contended that the 1st respondent - Driver did not possess a valid driving licence and therefore there was a violation of the terms of the insurance policy and hence the insurance company was not liable to indemnify the 2nd respondent-Owner. The said contention was made the subject matter of Issue No. 3. After trial and hearing the learned Counsel for the parties, the learned Tribunal answered Issue No. 3 against the Insurance Company and consequently held it liable to indemnify the owner. Being aggrieved by the said Judgment and award the insurance company has preferred this appeal.

(3.) I have heard the learned Counsel for the parties and have perused the records.