MINOR LINGAMURTHY Vs. RAMJANSAB S/O RAJASAB

JUDGEMENT

(1.) The claimant being aggrieved by the judgment and award dated 07.01.2017 passed in MVC No.117/2014 by the Motor Accident Claims Tribunal-II, Ballari has filed this appeal.

(2.) The case of the claimant before the Tribunal is that on 20.02.2013 at about 9.30 a.m., the minor petitioner was sitting for nature call on the proper side of the road at Dammur Village, Ballari Taluk, at that time, respondent No.1 being the driver cum owner of TATA Ace bearing Registration No.Ka-35/TR-5443 drove the same in a high speed and in a rash and negligent manner and dashed against the minor petitioner, due to which, the petitioner fell down and sustained grievous injuries over head, both pelvis and over left shoulder. He was shifted to Danamma Hospital, Ballari, where he has undergone operation and he was impatient for 15 days. It is stated that the minor petitioner was strong, hale and healthy and he was very clever boy and used to participate in extra curricular activities like games, quiz etc. Now due to injuries, he is not able to take part in the activities. Therefore, the claimant filed the claim petition claiming compensation of Rs. 7,00,000.00 against the owner and insurer of the offending vehicle.

(3.) In pursuance of notice, respondents No.1 and 2 appeared before the Tribunal and filed written statement. Respondent No.1 denied the allegations made in the claim petition that the driver was having valid and effective driving licence and vehicle was insured with respondent No.2. Therefore, in case of any liability, it may be saddled against respondent No.2. Respondent No.2 filed written statement denying the averments in the claim petition and further contended that the offending vehicle was insured with him. But the driver of the offending vehicle was holding licence to drive LMV (NT) vehicle and was not authorized to drive transport vehicle. Therefore, there is breach of policy condition and he is not liable to pay compensation.