ORIENTAL INSURANCE COMPANY Vs. FOLIX CORREA

JUDGEMENT

(1.) THE claimants in MVC No. 360/81 before the Motor Accidents Claims Tribunal, at Mangalore (Dakshina Kannada) had claimed compensation of Rs. 4,00,000/ - on account of the death of B. Thim -mappashetty who died on 7 -8 -1981 at about 5 p.m. when he was driving the Scooter bearing No. MXJ 7585. At that time another motor cycle bearing No. MYG 9166 of the First respondent and insured with the 2nd respondent before the Tribunal, came from the opposite side and hit the scooter on which the deceased was going. He sustained fatal injuries and was removed to K.M.C, Hospital at Manipal immediately. In spite of the treatment given to him he succumbed to the injuries on 4 -9 -1981. He was a clerk in the Syndicate Bank at Manipal and was drawing a monthly salary of Rs. 1,212 -97 ps. per month. In course of time he could have drawn monthly salary of Rs. 3,000/ -.

(2.) THE first respondent owner of the said motor cycle bearing MYG 9166 was himself driving his vehicle when this accident occurred. While denying that the accident was due to his negligence and also the quantum of loss of dependency he averred that the motor cycle was insured duly under the 2nd respondent and in case he was liable to pay any compensation, the same was liable to be paid by the insurer -2nd respondent.

(3.) THE Tribunal addressed itself to the various issues including the one as to the valid driving license of respondent -1 at the time of the accident. On the point of negligence it found that it was respondent -1 who was solely responsible in causing this accident and determined the compensation at Rs. 75,500/ -. On issue No. 4 with regard to the existence of the valid driving license it found in favour of the first respondent and because there was renewal of the learner's license he was deemed to have possessed a valid driving license and therefore the Insurance Company is liable to pay the award amount.