SHRIRAM GENERAL INSURANCE CO Vs. SHANKARAPPA

JUDGEMENT

(1.) The insurer and the claimants being aggrieved by the judgment and award dated 21.2.2012, passed in MVC No.41/2010, by the II Addl. Senior Civil Judge and Addl . MACT, Dharwad, have filed these appeal and cross objection.

(2.) It is the case of the claimants before the tribunal that, the son of the petitioners Sachin Lamani was studying in Nursery School at Shigigatti of Kalaghatagi taluk. On 21.1.2010 he was standing in front of his house. At that time at about 5.30 p.m., a vehicle Maxi Cab bearing No.KA-35/A-128 proceeding from Upper Street driven in a rash and negligent manner and while taking reverse, dashed against the deceased causing grievous injuries, due to which he succumbed on the spot. The accident took place due to the rash and negligent driving of the said Maxi Cab. Therefore the claimants filed the claim petition seeking compensation against the owner and insurer of the of fending vehicle.

(3.) In pursuance of notice, respondents No.1 and 2 appeared before the tribunal . Respondent No.1 has not chosen to file any objections. Respondent No.2/the insurance company has filed the written statement contending that the liability if any is subject to condition of policy terms. The driver of the of fending vehicle was not holding valid and effective driving licence. Therefore he is not liable to pay compensation.