C B VIRUPAKSHA Vs. SHIVAKUMAR

JUDGEMENT

(1.) THIS appeal is by the owner of the vehicle challenging the award passed by the Motor Accidents claims Tribunal, Chickmaglur, in M. V. C. No. 72 of 1992.

(2.) RESPONDENT No. 1 filed a petition before the Tribunal claiming compensation in respect of the injuries suffered by him in accident occurred on 12. 1. 1992. The tribunal on assessment of the evidence has held that the injuries suffered by the respondent No. 1 are on account of rash and negligent driving of the motor cycle by the appellant. In respect of the injuries, the Tribunal has awarded compensation of Rs. 38,400 with interest. Insofar as the liability is concerned the Tribunal has absolved the insurance company of its liability and has directed the appellant to satisfy the award. Therefore, the appellant has filed this appeal contending that the tribunal was not right in absolving the liability of the insurance company.

(3.) THE Claims Tribunal has held that the insurance company is not liable to pay the compensation on the ground that on the date of the accident the vehicle was not registered as required under section 39 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' ). Section 39 of the act reads as follows: