NATIONAL INSURANCE CO LIMITED Vs. KUMARI PARIJATHA

JUDGEMENT

(1.) The insurer and the claimant being aggrieved by the common judgment and award dated 14.09.2009 passed in MVC No.159 and 160 of 2008 by the Member, MACT-II , Ballary have filed these appeals.

(2.) The case of the claimant before the tribunal is that on 24.07.2007 at about 11.30 a.m. near Elumakkala Tayi Temple, Hospet road, Bellary, when the petitioners i .e. mother and daughter while proceeding from Eloumakkala Tayi Temple, Bellary by walk on proper side of the road, one van bearing registration No.K.A.26/3135 driven by the 1st respondent came in a rash and negligent manner with high speed and dashed against the petitioners. As a result of accident the petitioners sustained grievous injuries and they were taken to VIMS hospital, Bellary for treatment. The claimants were also treated in Danamma Super Specialty hospital, Ballari. Due to the accidental injuries they have suffered permanent disability. Hence, the claimants sought for compensation against driver, owner and insurer of offending vehicle.

(3.) In pursuance to the notice, the respondents No.1,2 did not appear before the tribunal and they were placed ex-parte. Respondent No.3 appeared through his counsel and filed the written statement and has denied that the accident occurred due to the negligence of the driver i.e. respondent No.1. He has also denied nature of injuries, amount spent for treatment, avocation and income of the petitioners. He has admitted that the vehicle in question was insured with respondent No.3. He has further contended that the driver of the offending vehicle did not possess valid driving license at the time of the accident. Therefore, he is not liable to pay compensation.