UNITED INDIA INSURANCE CO. LTD. Vs. RANGASWAMINAYAKA

JUDGEMENT

(1.) The insurer is in appeal under Section 173(1) of the Motor Vehicles Act, assailing the judgment and award dated 16/11/2012 in M.V.C.No.104/2012 on the file of the Presiding Officer, Fast Track Court-4 and Additional MACT, Mysore.

(2.) Respondent No.1-claimant, filed claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental injuries suffered by him in a road traffic accident occurred on 4-9-2011. It is stated that on 4-9-2011, when the claimant was travelling in a Maxi cab bearing Reg.No.KA.18/4830, Maxi cab driver drove the vehicle in a rash and negligent manner and dashed against the road side divider. Due to which, the claimant and other passengers sustained grievous injuries. It is stated that the claimant was working as mason and was earning a monthly income of Rs.15,000/-.

(3.) Inspite of service of notice, respondent Nos.1 and 2 remained absent and were placed exparte. Respondent No.3-Insurance Company appeared before the Tribunal and filed its statement of objections admitting issuance of insurance policy but contended that the Maxi cab driver was carrying excess passengers in violation of permit condition.