SRI A SHIVANNA Vs. SMT CHINNAMMA AND OTHERS

JUDGEMENT

(1.) This appeal by the owner of the offending vehicle challenges the judgment and award dated 15.09.2015 made by the MACT, Bengaluru city, SCCH-14 allowing the claim petition in M.V.C. No.4399/2013, whereby a compensation of Rs. 10,35,000/- with interest at the rate of 9% per annum subject to a usual condition of bank deposit, has been awarded.

(2.) The brief fact matrix of the case as to the happening of the accident on 14.05.2013 because of rash and negligent driving of the offending Innova Car bearing Registration No.53-M-8569 resulting into fatal injuries to one Mr. C.V.Muniyappa and as a consequence his death, has been established by the pleadings supported by the evidentiary material placed on record. Accordingly the MACT has entered the impugned judgment and award. However, the respondent-insurer has been left free on the ground that the driving license of the driver of the offending car lacked the Transport Endorsement thereon.

(3.) The learned counsel for the appellant finds fault with the judgment on three grounds, viz.,