MANAGER LEGAL Vs. C H YADAGIRI

JUDGEMENT

(1.) Mfa Nos.5553/2010 and 5554/2010 are filed by the Insurance Company challenging the judgment and award passed in MVC Nos.5126/2009 and 5127/2009, respectively dated 08.03.2010 on the file of the Court of Small Causes, Bengaluru City (SCCH-10), on the ground that fixing the liability on the Insurance Company, even though the driver of the offending vehicle was not having valid and effective driving licence.

(2.) Mfa Nos.6412/2010 and 6413/2010 are filed by the claimants challenging the judgment and award passed in MVC Nos. 5126/2009 and 5127/2009, respectively dated 08.03.2010, on the ground that the quantum of compensation awarded by the Tribunal is meager.

(3.) Appellant in MVC No.5553/2010 and 5554/2010 mainly contended that the Tribunal was required to notice that the appellant had discharged its burden to substantiate that the driver did not possess valid and effective driving licence and charge sheet was also filed against the driver. The charge sheet and the evidence of RW.1 clearly substantiated that the driver did not have the valid and effective driving licence. The Tribunal was required to notice that each one of the claimants have contributed to the accident as the number of passengers traveling in the Autorickshaw was four as against the permit capacity of three. Keeping in mind the permit condition, each one of them deserves to have contributed negligence to an extent of 50%.