H.T.NARENDRA PRASAD,J. - (1.) MFA 8707/2015 is filed by the Insurance Company and MFA CROB 127/2017 is filed by the claimant challenging the judgment and award dated 20.8.2015 passed by the Court of the Senior Civil Judge and MACT-IX, Harapanahalli in MVC 19/2014.
(2.) Brief facts of the case: On 19.10.2013 at about 4.00 p.m. when the claimant was traveling as a pillion rider on a motorcycle bearing Registration No.KA-17/EG-6079 from Harapanahalli to Anajigere, the driver of the auto bearing Registration No.KA-17-A-1031 came from opposite direction in a rash and negligent manner and dashed against the claimant's motorcycle. As a result, he fell down and sustained injuries and immediately he was shifted to the Government Hospital. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1 and doctor as Pw- 2 and submitted 119 documents. On the other hand, the Insurance Company has examined two witnesses and produced 4 documents. After appreciation of the evidence, the Tribunal has awarded compensation of Rs.2,64,200/- with interest at 6% p.a. Being aggrieved by the same, the Insurance Company and claimant have filed this appeal and cross-appeal respectively.
(3.) The learned counsel for the Insurance Company submits that the driver of the offending vehicle was not having valid and effective driving licence to drive the vehicle. The driver of the vehicle was possessing the driving licence to drive Non-transport vehicle. Whereas the vehicle involved in the accident was a transport vehicle. Further, the Tribunal contrary to materials on records, has granted compensation of Rs.2,64,200/- which is on the higher side. Therefore, he prays for allowing the appeal filed by the Insurance Company.;