NEW INDIA ASSURANCE CO. Vs. TASMIYABANU & ORS.

JUDGEMENT

(1.) This appeal by the insurer lays a challenge to the judgment and award dated 05.06.2012 made by the Additional Senior Civil Judge and Additional MACT-VI, Chitradurga allowing MVC.No.292/2011, whereby a compensation of Rs. 6,06,000/- with interest @ 6% p.a., subject to a usual condition of bank deposit, has been awarded.

(2.) The fact matrix of the case is not in dispute. The learned counsel for the appellant-insurer vehemently contends that the vehicle involved in the accident being JCB bearing registration No.KA-16-M-2928, weighs more than 7,500 kgs. and therefore, the driving license for LMV cannot, by any stretch of imagination, be construed as a "valid and effective driving license". Therefore, he seeks to dislodge insurer's liability.

(3.) The learned counsel for the claimant contends that so far as his right to get the compensation is concerned, the question now raised in the appeal is irrelevant; what is required is the discharge of the award liability and that whether that is done by the insurer or by the owner of the offending vehicle does not matter much to the claimant, in view of the judgment of the Hon'ble Apex Court in the case of the Shamanna v. Oriental Insurance Company Limited in civil case No.8144/2018 disposed of on 18.08.2018 .