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1998 Supreme(Kar) 644

B.K.SANGALAD
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
MOHAMMED SAB AH SAB KALADAGI – Respondent


Advocates:
B.S.Patil, S.P.SHANKAR

SANGALAD, J.

( 1 ) THE insurance company has challenged the liability to satisfy the compensation of Rs. 83,500 awarded in mvc No. 761 of 1992 for the death of basheer Ahamed, son of respondent Nos. 1 and 2 and husband of respondent No. 3 and father of respondent Nos. 4 to 7. On the date of accident, i. e. , on 13. 10. 1992 at about 8. 20 a. m. , the deceased was going on his Luna moped bearing No. CNQ 43 towards Shahapet. When he was so going near KSFC office from the opposite side, one lorry bearing No. MYZ 7844 was coming at high speed driven rashly and negligently and the said lorry dashed against the deceased Basheer Ahamed resulting in his death on the spot. The respondents who are the L. Rs. of the deceased, filed the MVC petition before the Tribunal and the Tribunal has awarded the above stated compensation holding that the appellant is liable to satisfy the award. Being aggrieved by this, the present appeal arises.

( 2 ) THE main contention of the appellant according to Mr. S. P. Shankar is that on the date of the accident, the driver of the lorry had no effective driving licence. As such, the insurance company cannot be saddled with the burden of satisfying the award. On










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