MANAGER ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. PADMAMMA

JUDGEMENT

(1.) ALL these connected appeals are filed by the Insurance Company on the ground that there is no valid permit as on the date of the accident to drive the autorickshaw in question and also in the absence of such permit, the Insurance Company is not liable to pay the compensation, much less there cannot be any order to pay and recover.

(2.) ON the other hand, learned counsel appearing for the respondents / claimants in all the above appeals submitted, that in the impugned order passed, the Tribunal has noticed that all the documents sought for as per Section 134 (c) of the Motor Vehicles Act, 1988 (for short the Act ) was produced by the owner of the autorickshaw to show that there is valid Insurance coverage and also driving license was there though that was denied by the Insurer to disown the liability.

(3.) IT appears the accident occurred on 15.12.2006 in the evening around 7.p.m. when the claimant in MVC.No.1/2009 was going towards left side of the Nagamangala -Pandavapura road near Mahadeswarapura Village when one Auto bearing No.KA -11/TR -2362 came in a rash and negligent manner and dashed against the petitioner from behind and thereafter dashed to the electric pole. The claimant sustained fracture to right leg and other injuries, she was immediately shifted to K.R. Hospital, Mysore, and has spent Rs.20,000/ - towards medical expenses and filed claim petition.