LAXMIBAI Vs. SUBHASH RAO

JUDGEMENT

(1.) The claimants are before this Court in this appeal, seeking enhancement of compensation awarded under judgment and award dated 27.03.2013 in MVC No.905/2011 on the file of the II Additional Senior Civil Judge and MACT at Gulbarga and also for fastening the liability on respondent No.3 - insurance company.

(2.) The appellants are wife and children of the deceased Dhavaji Chawan, who met with an accident on 07.09.2010, when he was travelling as a pillion rider on the motorcycle bearing Regn. No.KA-32-X-5681, which was rode by one Laxman and when the said motorcycle was going on Laxmipurwadi, Ravoor main road, a lorry bearing Regn. No.MH-24-F-6672 came from the hind side of the said motorcycle and caused accident. Due to which, the deceased sustained grievous injuries and succumbed to injuries at the spot.

(3.) Before the Tribunal, respondent Nos.1 and 2 who are driver and owner of the vehicle i.e., offending vehicle bearing Reg. No.MH-24-F-6672 remained absent and they were placed exparte. Respondent No.3 - insurance company appeared and filed its objections, denying the accident due to rash and negligent driving of the offending vehicle. Further, the insurance company stated that the driver of the offending vehicle was not holding valid and effective driving licence as on the date of the accident.