ORIENTAL INSURANCE CO LTD Vs. MASTER ANIL

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the Insurance Company challenging the judgment and award passed in MVC.No.3253/2009 dated 14.06.2011 on the file of IX Additional Senior Civil Judge, Court of Small Causes, Member, MACT-7, Bangalore wherein the liability was fastened on the Insurance Company.

(2.) The claimant has filed the claim petition before the Tribunal under Section 166 of MV Act, 1989 claiming a compensation of Rs.6,00,000/- and it is the contention of the claimant before the Tribunal that on 15.01.2009 at about 9.00 am petitioner was walking on the left side of 7th Main Road, BTM 2nd Stage, near Balaji Electricals and at that time, car bearing registration No.KA-05-MF-3693 being driven by its driver in a rash and negligent manner, came from the back side and dashed against the petitioner, as a result, the petitioner sustained grievous injuries all over the body.

(3.) The respondent-Insurance Company resisted the claim petition by filing objection statement admitting that they have issued policy in respect of offending vehicle and contended that the person who was driving did not possess valid and effective driving licence to drive the said vehicle and violated the terms and conditions of the policy and driver has manipulated the driving license of one Kumar and produced fake driving license copy before the jurisdictional police. Hence, respondent-Company is not liable to indemnify the insured as per the terms and conditions of the policy.