PUTTAMMA Vs. MOHAMMED MUZIB

JUDGEMENT

(1.) The claimants are in appeal against the judgment and award dated 06.08.2012 passed in MVC No.1297/2009 on the file of the Additional Senior Civil Judge and Additional MACT, Hassan (hereinafter referred to as 'the Tribunal' for short) insofar as saddling the liability on the first respondent/owner of the offending vehicle and seeking enhancement of compensation.

(2.) The claimants are wife and two major sons of deceased Boregowda and they filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of Boregowda in a motor vehicle accident. It is stated that on 25.03.2009, while the deceased was traveling as a pillion rider on a motor cycle bearing registration No. KA-13/H-1364, a goods auto bearing registration No. KA-05/D-7101 came in a rash and negligent manner and dashed against the motor bike, as a result of which, the deceased sustained fatal injuries and succumbed to the injuries on 28.03.2009.

(3.) Upon service of summons, the first respondent remained ex-parte and the second respondent/insurance company filed written statement denying the petition averments. Further it is contended that the driver of the offending vehicle was not holding valid and effective driving licence and liability is subject to the validity of the driving licence and terms and conditions of the insurance policy.