MALLIKARJUN Vs. MAMTAJ

JUDGEMENT

(1.) These appeals are filed by owner of the offending vehicle against common judgment and award dated 30.07.2012 in MVC Nos.1205/2010, 1206/2010 and 1207/2010 on the file of Motor Accident Claims Tribunal No.2, Bijapur at Bijapur, by which liability is saddled on the owner.

(2.) The claimants in all the above three claim petitions approached the Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 for grant of compensation on account of injuries sustained in MVC No.1207/2010, for damage to vehicle in MVC No.1205/2010 and the claimants in MVC No.1206/2010 sought compensation for the death of deceased Zareef Patel in the road traffic accident that occurred on 01.05.2010 at about 11.00 p.m. and the vehicles involved in the accident are the motorcycle bearing No.KA-28/R-4213 and Tata Sumo Car bearing No.KA-28/A-7012. There is no dispute with regard to alleged accident.

(3.) Respondent No.2-insurance company appeared before the Tribunal and filed its objection, contending that the driver of the offending vehicle i.e., Tata Sumo car had no valid licence as on the date of alleged accident to drive the transport vehicle.