THE MANAGER UNITED INDIA INSURANCE CO LTD Vs. P.HARIDASS

JUDGEMENT

(1.) All these appeals under Section 173(1) of M.V. Act are arising out of common judgment and award dated 30.6.2008 passed in MVC No.7675/2006 and MVC No.7676/2006 on the file of III Addl. Small Cases Judge and Motor Accident Claims Tribunal(for short 'Tribunal'), Bangalore (SCCH-18). Therefore they are disposed of by his common judgment.

(2.) One H. Hanish and one G. Ajith Kumar aged about 25 years and 27 years were proceeding on a motor cycle bearing registration No.KA-03-EP- 7318 on 10.10.2006 over the silk board flyover, Madivala, Bangalore at about 10.50 p.m. At that time, a car bearing registration No.KA-01-B-5467 came in rash & negligent manner and dashed against the motor cycle. As a result of the impact, both H. Hanish-rider of the motor cycle and G. Ajith Kumar-pillion rider died on the spot. As such, claiming compensation of Rs.50.00 lakhs each, the parents of both the deceased have filed claim petitions under Section 166 of M.V. Act in MVC No.7675/2006 and MVC No.7676/2006 respectively.

(3.) Both the claim petitions have been resisted by the owner and the insurer of the car involved in the accident denying all the material averments made out in both the claim petitions as to the age of the deceased, avocation of the deceased, their monthly income, relationship of the claimants with the deceased etc., etc., apart from denying negligence attributed to the driver of the car. Further, though the insurance company admitted the issuance of policy which was valid as on the date of the accident, it is contended that the driver of the car did not possess valid and effective driving licence as on the date of the accident as he had a driving licence to drive non-transport vehicle, whereas, the vehicle involved in the accident is a transport vehicle. Hence, the insurance company has sought for dismissal of the claim petition by fastening liability upon the owner of the car.