NATIONAL INSURANCE COMPANY LTD Vs. KAVITA

JUDGEMENT

(1.) The insurance company/appellant is before this Court in MFA No.200743/2018 assailing the judgment and award dated 01.02.2018 in MVC No.136/2016 passed by the II Additional Senior Civil Judge and MACT, Kalaburagi, by which the liability is fastened on the insurance company.

(2.) The brief facts of the case are that the wife, child and mother of the deceased filed claim petition before the Tribunal claiming compensation of Rs.35,00,000.00 towards death of one Devindra in a road traffic accident on 15.12.2015. On 15.12.2015 when the deceased Devindra along with his friend proceeding on motorcycle bearing No.KA-32/Y-1311, a tractor bearing No.KA-32/TA-7880/7881 came in a rash and negligent manner, dashed to Devindra, the deceased. As a result, the deceased sustained head injury and died on the spot.

(3.) Respondent No.2-Insurance Company before the Tribunal filed objections denying the contents of the petition and also contended that the driver of the offending vehicle was not holding valid driving licence as on the date of the accident.