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2003 Supreme(Kar) 572

S.B.MAJAGE
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
BHARAMAPPA DODDABIRAPPA PUJARI – Respondent


Advocates:
O.Mahesh, VEENA O.MAHESH, Veeresh B.Patil

MAJAGE, J.

( 1 ) THIS appeal is filed by the Insurance Company challenging the judgment and Award dated 30. 4. 2001 passed by the Court of District judge and MACT at Gadag, by which, a sum of Rs. 80,000/- has been awarded to the claimant since, according to it, the claimant is not entitled to any compensation from it.

( 2 ) HEARD the Counsel for the parties. It is submitted for the appellant - Insurance Company that the Tribunal has committed an error in holding it (Insurance Company) liable to pay compensation when the rider of the motorcycle, who was arrayed as 1st respondent before the Tribunal had no valid and effective driving licence to drive motorcycle as on the date of accident, which has been established as of fact by adducing documentary evidence. On the other hand, the learned Counsel for the other side supported the impugned judgment and Award. Perused the records carefully.

( 3 ) IN brief, the facts giving rise to the present Appeal are: the claimant filed claim petition before the Tribunal stating that on 19. 12. 1996 when he was proceeding 'towards his village on his cycle, near Raju Dhaba Hotel at Naragund on Nargund- Solapur road, a motor-cyclist came at great spee
























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