ORIENTAL INSURANCE CO LTD Vs. CHIKKATHAMMAIAHLABIC

JUDGEMENT

(1.) These two appeals have been preferred by the insurer and claimant questioning the correctness and legality of the judgment and award passed by M.A.C.T, Bengaluru in M.V.C.No.849/07 dated 31.03.2008 whereunder claim petition filed by the claimant came to be allowed in part and a total compensation of Rs.1,95,200/- has been awarded with interest @ 6% p.a. from date of petition till the date of realization and directing the insurer to indemnify the claim. The claimant sought for grant of compensation on account of injuries sustained in a road traffic accident that occurred on 29.09.2006 at about 12.30 p.m. By filing a petition under Section 166 of M.V.Act, 1988 contending inter alia that while he was walking on Bannahalli Road, Dodaguli Gate near Kanakapura, the driver of the Tractor bearing Registration No.KA-03-T-1744 drove the said vehicle in a rash and negligent manner and dashed against the petitioner, as a result of which he sustained injuries. Hence, he sought for compensation.

(2.) The insurer appeared on service of notice filed its statement of objections denying the averments made in claim petition except to the extent expressly admitted thereunder. It was specifically contended that the driver of the offending vehicle was not possessing valid and effective driving licence as on the date of accident. It was also contended that respondent No.2-owner of the offending vehicle knowing fully well that driver was not possessing a valid and effective driving licence had handed over the offending vehicle to the driver and as such, insurer is not liable to indemnify the claim. Respondent No.2-insured had been placed exparte before the Tribunal. On the basis of the pleadings of parties, tribunal framed issues and claimant got himself examined as PW1 and also examined the treated Doctor as PW2 and in all got marked 8 documents as Exs.P1 to P8. The officer of insured was examined as RW1 and through him the licence extract issued to the driver of the offending vehicle came to be produced and was got marked as Ex.R1. On the basis of pleadings of the parties, Tribunal as already noticed hereinabove allowed the claim petition and has awarded total compensation of Rs.1,95,200/- under the following heads:

(3.) The insurer has filed MFA No.8508/2008 challenging above said judgment and award contending that tribunal committed a serious error in fastening the liability on the insured and directing the insurer to indemnify the claim contending inter alia that driver of the insured vehicle did not possess valid and effective driving licence as on date of the accident. It is also contended that compensation awarded by tribunal is highly exorbitant is not based on any rationale and as such, it is liable to be reduced and insurer should also be absolved of its liability to indemnify the claim.