BRANCH MANAGER Vs. VIJAY & ORS.

JUDGEMENT

(1.) This appeal by the Insurer challenges the judgment and award dated 17.06.2015 made by the Addl. MACT, Mandya, allowing M.V.C. No.144/2011 whereby, a compensation of Rs. 2,27,300/- with interest at the rate of 9 % per annum subject to a usual condition of bank deposit, has been awarded.

(2.) The fact matrix of the case as to happening of the accident on 22.11.2010, because of rash and negligent driving of the offending Autorickshaw bearing Registration No.KA-11-9619 and consequent sustaining of injuries by the Claimant, is not in dispute. The MACT, after appreciating the evidentiary material on record in the light of the pleadings of parties, has made the impugned judgment and award, fastening the liability on the Insurer.

(3.) The learned Panel Counsel for the Insurer attacks the impugned judgment and award on two grounds: (a) the MACT is not justified in fastening the liability on the Insurer in the absence of any driving license at all; (b) the MACT could not have awarded interest at the rate of 9 % p.a, the legally admissible rate being 6 % p.a.