N.K. Sudhindrarao, J. - (1.) This appeal is directed against the judgment and award dated 21.12.2009 passed in MVC No.880/2007 by the MACT, Srirangapatna, wherein a compensation amount of Rs.1,64,240/- is awarded together with interest at 6% to the petitioner. It is in respect of the accident said to have occurred on 08.05.2007 at about 9.00 a.m. 2. The petitioner was coming by walk on the left side of Bannangadi - KRS Road, from his fields, was knocked down by a Tractor bearing registration No.KA- 11-T-3522 which was driven rash and negligently by its driver at that time and caused grievous injuries to the petitioner. Immediately after the accident, he was shifted to JSS Hospital, Mysore, where he was admitted as an in-patient and was under treatment for a period of one month and after discharge even now he is under treatment as outpatient and under bed rest and he sought for compensation of Rs.10 Lakh.
(2.) The Insurance Company refuted the claim of the petitioner and learned Member after examining the oral and documentary evidence available on record has allowed the claim petition, granting a compensation of Rs.1,64,240/- with interest at 6% per annum. As against the said Order, the appeal is preferred by the Insurance Company.
(3.) The learned counsel for the appellant/ Insurance Company would submit that the accident occurred as pleaded by the injured/respondent and he was earning Rs.3,000/- per month is false. He contended that the complaint was lodged 41 days later. Thus, there are no grounds to grant compensation to the claimant. It is to be noticed that the respondent has adduced his evidence as RW-1. The appellant also has raised the ground that, the petitioner therein in the capacity of a claimant had taken up plea that the driver of the tractor had no valid and proper driving license. It is to be seriously observed that in the petition, he has taken up plea that there was no license, but RW-1 one N. Dhruva Kumar, Area Manager, Legal in Respondent Company, has deposed as RW-1 before the Tribunal on 24.09.2009. It is to be seen conspicuously that one concentrated reading of the Affidavit filed in support of the stand of the Insurance Company that RW-1 who is said to be a responsible Officer on the Legal side of the Insurance Company said to have stated in Para - 2 of the Affidavit as under; "driver of the said insured vehicle drove the same without having valid and effective driving license which is in contravention of the policy terms and conditions and also Motor Vehicle Act.";