NATIONAL INSURANCE CO LTD Vs. JYOTHI

JUDGEMENT

(1.) This is an appeal by the insurance company against the judgment and award dated 14.09.2009 passed in MVC No.227/2007 by the Presiding Officer, Fast Track Court-I, Kolar, whereby an award is made for a total compensation of Rs.6,10,000/- with interest at 6% p.a. from the date of petition till the date of its realization. The liability is imposed on the respondents jointly and severally with a specific stipulation that the appellant-insurance company should discharge the liability under the award.

(2.) The brief facts of the case are that in a vehicular accident that occurred on 11.03.2007 nearby Kammam Town in Andhra Pradesh, involving a lorry and heavy goods vehicle, a pedestrian by name Chandra, aged 27 years stated to be a granite polisher by occupation succumbed to the injuries. The widow of the deceased victim and his two daughters have made the claim before the Tribunal. The appellant-insurance company had filed the written statement interalia specifically taking the contention that the person who drove the lorry in question did no possess a valid motor vehicle driving license and therefore, the insurance company could not be made liable.

(3.) Based on the pleadings of the parties, and other attending circumstances, the Tribunal framed the following principal issue: