The breach of policy condition regarding the driving licence must be proved to have been committed by the insured for avoiding liability by the insurer. Mere absence, fake or invalid driving licence or disqualification of the driver for driving at the relevant time are not in themselves defenses available to the insurer.

Though the appeals are listed for admission but with the consent of counsel appearing for both the parties, these appeals are taken up for final disposal. All these appeals have been preferred by the appellant-Bajaj Allianz General Insurance Co. Ltd., against the judgment and award passed by the learned Member, MACT-XII, Bellary (for short ‘MACT’), in M.V.C. No. 528/2011, 370/2011 and 369/2011. Since these claim petitions arise out of the same accident they are taken up together for disposal.

2. The factual matrix of these appeals are as under: On 26.07.2010 at around 5.30 p.m. near Raravi-Hagari bridge C.C. Road when a motorcycle bearing no. AP-21/AC- 2611 had been ridden by Pompapathi @ Pompanna along with his friend Jindasab while coming back from Halekote Mutt after taking Darshanam of Godess, a Tata Spacio vehicle bearing Reg. No. AP-21/L-9186 which came from the opposite direction being driven in a rash and negligent manner and hit to their motorcycle and also to another motorcycle, as a result of which, they fell down and sustained injuries. Respondent No.2 namely K. Srinivas is the driver of the offending vehicle, whereas the respondent no.3- Subbarayudu is the owner of the offending vehicle. The appellant in all these appeals is the insurer of the offending vehicle. Before the MACT, the driver and owner of the offending vehicle, i.e., respondents 2 and 3, remained absent and therefore they were placed exparte. The Insurance Company was permitted to defend their case on all the grounds as urged u/S 170 of The Motor Vehicles Act (for short ‘M.V. Act’).

3. In M.V.C. No. 528/2011 P.W.1 and P.W.2 have been examined on behalf of the claimants to establish their case for seeking compensation and got marked exhibits as per Exs.P.1 to P.72. On the part of the respondent-Insurance Company, R.W.1 was examined and got marked copy of the driving licence and copy of the policy as Ex.R.1 and Ex.R.2 respectively. Upon consideration of the entire evidence on record the MACT has awarded a compensation in a sum of Rs.4,43,000/- with Court costs and interest at 8% p.a. from the date of petition till deposit.

4. Whereas in M.V.C. No. 369/2011 and 370/2011, P.W.1 to P.W.3 have been examined to establish their case for compensation and documents as per Exs.P.1 to P.22 were marked. On the part of the respondents, R.W.1 had been examined and got marked Ex.P.1 as the copy of the Insurance Policy and Ex.P.2 as the copy of the driving licence. The MACT awarded a compensation of Rs.55,297/- with interest at 6% p.a. in M.V.C. No. 369/2011 and awarded a sum of Rs.2,21,377/- with interest at 6% p.a. in M.V.C. No. 370/2011, however, the interest shall be paid on Rs.1,96,377/- since the amount of Rs.25,000/- was awarded under the head “Future Medical Expenses”. The same has been challenged by the appellant-Insurance Company under these appeals respectively by urging various grounds.

5. The Court below in all these claim petitions appreciated the entire evidence on record. Insofar as M.V.C. No. 528/2011 is concerned, P.W.1 being the injured was examined, who has stated in his evidence which is reiterated in the averments made in the claim petition, whereas P.W.2 is the Doctor who had given treatment to the injured and issued wound certificate at Ex.P.4, discharge certificate at Ex.P.6. The MACT also had taken into consideration the salary certificate at Ex.P.8, disability certificate at Ex.P.9, so also the medical bills at Ex.P.26 to Ex.P.51, x-ray films at Ex.P.52 to Ex.P.58, MRI Scan reports at Ex.P.59 to Ex.P.69. Upon consideration of these documentary evidence the MACT awarded compensation stated supra.

6. Whereas in the common judgment in M.V.C. No. 369/2011 and 370/2011 as wherein the Tribunal had appreciated the evidence of P.Ws.1 to 3 and also the document at Ex.P.10-summary report, Ex.P.11 are the bills and prescriptions, Ex.P.12 is the C.T. scan and X-Ray films, Ex.P.13 is the certified copy of the wound certificate of P.W.2, Ex.P.14 and