MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. PREMANAND

JUDGEMENT

(1.) The Reliance General Insurance Company Limited-respondent No.2 in MVC No.91/2013 on the file of Additional MACT, Kumta sitting at Ankola has come up in this appeal.

(2.) It is the case of the claimants before the Tribunal that petitioner No.1-father of deceased is serving as driver in KSRTC, petitioner No.2 being the housewife and petitioner No.3 is studying in college. The son of petitioner Nos.1 and 2, Prithviraj got an appointment in Prakruti Products Pvt.Ltd. situated at Agasur village in Ankola taluk, was getting salary of Rs.10,000/-p.m. On 14.06.2013 at about 9.00 p.m., Prithviraj was proceeding on the Hero Honda as a pillion rider along with respondent No.3 on NH-17 and on account of rash and negligent act on the part of respondent No.3, motorcycle dashed against the divider of the road and thereby accident occurred. Due to the impact, both the rider and pillion rider sustained grievous injuries. Prithviraj was shifted to Government Hospital, Ankola. But, on the way he died. The petitioners have further stated that Prithviraj is the only son of petitioners No.1 and 2 and brother of petitioner No.3 and he was having bright future prospects and life in future. He was contributing 90% of his salary towards petitioners. Therefore they claimed compensation of Rs.25,00,000/- against the insurer, owner and rider of the offending vehicle.

(3.) In pursuance to the notice, respondent Nos.1 to 3 appeared before the Tribunal and filed separate written statements. Respondent No.1 has denied that the accident was due to rash and negligent riding of the motorcycle by respondent No.3. His vehicle is duly insured with respondent No.2. In case of any liability, it may be saddled against him. Respondent No.2 filed written statement denying the averments in the claim petition. He admitted the issuance of policy in respect of offending vehicle but his liability is subject to the terms and conditions of the policy. The rider of the motorcycle was not having valid driving licence as on the date of the accident and owner of the motorcycle has deliberately entrusted the vehicle to the person who did not possess valid driving licence. Therefore he is not liable to pay any compensation. He has also further contended that the deceased himself was riding motorcycle.