THE ORIENTAL INSURANCE CO. LTD Vs. SRI. MAHESHA

JUDGEMENT

(1.) Since, the occupants of the vehicle, who were injured had filed separate claim petitions against the common insurer and the owner of the vehicle and the insurer has questioned the judgment and award in all the three claim petitions, these three appeals are heard and disposed of by this common judgment.

(2.) The insurer is before this Court calling in question the judgment and award dated 05.06.2010, passed by the Civil Judge (Senior Division) at T.Narasipura in MVC No.49/2007 and 47/2007 and dated 03.12.2010, passed by the III Additional District Judge and Member, MACT, Mysuru (in short "the Tribunal" for brevity) in M.V.C.No.1054/2009 (Old No.272/2008), respectively. It is noticed that two of the claimants approached the Tribunal at T.Narasipura and one approached the Tribunal at Mysuru.

(3.) The facts of the case may not be necessary since, the main ground on which the insurer is before this Court is that inspite of an Issue having been raised by the Tribunal as to whether the Insurer proves that the Driver was not having valid and effective D.L. as on the date of the accident and hence, he is not liable to pay compensation, and the owner of the vehicle having entered appearance, he has not produced the Driving License of the person driving the vehicle at the time of the accident.