NEW INDIA ASSURANCE CO LTD Vs. GIRIJAVINAY

JUDGEMENT

(1.) The Insurance Company has preferred this Miscellaneous First Appeal challenging the judgment and award passed in MVC Nos. 5818/2010, 4456/2009, 4457/2009 and 853/2009 questioning the liability fastened on the Insurance Company.

(2.) The claimants before the Tribunal are the legal heirs of deceased by name T.S.Prakash and other claimants are the injured persons, making contention that on 23.12.2008 about 8.30 pm, they were proceeding in the Tata Sumo bearing Reg. No.KA-01-A- 6950 from Maddur towards Channapatna on Bangalore- Mysore Road. The driver of the Tata Sumo was driving with a moderate speed and when vehicle was proceeding near Mangalawarpet, in front of KSIC Mill, Channapatna Town, the tyre of the Tata Sumo bursted due to which driver lost the control and dashed against the median stone and run over on the median stone and turtled as a result said T.S.Prakash sustained grievous injuries and succumbed to the injuries and others have sustained grievous injuries. Hence, they have made claim before the Tribunal.

(3.) Insurance Company has filed the objections contending that the driver had only LMV and not having effective DL of transport license. Hence, contended that Insurance Company is not liable to pay the compensation.