ORIENTAL INSURANCE CO. LTD. Vs. DIWAKAR RAJ

JUDGEMENT

(1.) The insurer is before this Court, questioning the correctness of the judgment and award dated 21.12.2012 in MVC No.202/2011 on the file of the Fast Track Court and Motor Accident Claims Tribunal, Bangaluru (hereinafter referred to as 'the Tribunal' for short).

(2.) The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming damages caused to Ford Icon car in a road traffic accident that occurred on 26.06.2005. The claimant is the owner of the car bearing registration No.KA-18/M-7888. On 26.06.2005, while the claimant was proceeding in the said car, driver of the tanker bearing registration No. KA-19/AB-3395 came in a rash and negligent manner and dashed against the car causing injuries to the claimant as well as damages to the car. The claimant states that he got surveyed the damages and repaired the car at Cauvery Motors at Mysore by spending more than Rs.4,00,000/-.

(3.) The second respondent/insurer appeared before the Tribunal and filed its objections denying the petition averments. The insurer admitted the accident stating that the accident is due to the rash and negligent driving of the offending tanker lorry. The insurer further contended that the drivers of the car as well as the tanker did not possess the valid and effective driving license as on the date of accident. The damages claimed is highly excessive and sought for dismissal of the claim petition.