ORIENTAL INSURANCE COMPANY LTD Vs. MEDIAMI MANGDU

JUDGEMENT

(1.) THE Appellant - insurer has preferred this appeal against the award dated 5th October, 2005 passed by Learned Additional Motor Accident Claims Tribunal, South Bastar, Dantewara in Claim Case No. 44/2005 whereby the Appellant and Respondents No. 2 and 3 are jointly and severely held liable for satisfying the award of Rs. 1,90,000/- with interest at the rate of 7.5% from 24-12-2003 passed in favour of the Respondent No. 1 - Claimant.

(2.) BRIEF facts leading to the filing of the claim petition are that on 29-6-2003, claimant was returning to his village on a bicycle when Jeep No. C.G. 18/ T.0118 owned by Respondent No. 3, driven by Respondent No. 2 and insured by Appellant dashed his bicycle from behind resulting in grievous injuries over left leg, left and right shoulder of the claimant and be became permanently disabled.

(3.) THE Appellant-insurer took specific defence that at the time of accident, the driver of the Jeep - Respondent No. 2 did not have valid and effective driving licence, the vehicle was being driven in breach of policy condition and, therefore, the Appellant may not be held liable for any compensation.