NARASIMHA MURTHY, S/O YEERAPPA Vs. M.J. VARGIS AND THE UNITED INDIA INSURANCE CO. LTD. REP. BY MANAGER

JUDGEMENT

(1.) THOUGH this matter is listed for admission with consent of the learned Counsel for the respective parties and as records have also been received, it is taken up for final disposal.

(2.) THIS appeal is by the claimant seeking for enchantment of compensation awarded in respect of the injuries sustained in a motor accident.

(3.) AFTER service of notice, the first Respondent -owner remained absent. Hence, he was placed ex -parte. The second Respondent -Insurer appeared and contested the claim of the Petitioner. It was contended that the accident in question did not take place due to the fault of the driver of the offending car. On the other hand it has taken place due to the negligence of the claimant himself. They further contended that the driver of the offending car did not possess any valid and effective licence, as such there is breach of terms and conditions of the policy. They also denied all other averment made by the claimant in his petition and contended that they are not liable to pay any compensation accordingly sought for dismissal of the petition.