JUDGMENT

N.S. Sanjay Gowda, J. - The claimants are the wife and minor daughters of Shivanagouda Patel who was ki l led in an accident on 06.01.2011 when he was travel ing in Tempo Trax vehicle bearing registration No.KA- 37/8496.

2. The factum of the accident is not in dispute. The Tribunal on consideration of the evidence adduced before it, came to the conclusion that the claimants would be entitled for a sum of Rs.3,77,000/-.

3. The Tribunal recorded a finding that the deceased was aged 42 years and that his monthly income was required to be taken as Rs.3,000/- since there was no credible evidence to establ ish this fact. The Tribunal, however, exonerated the l iabi lity of the insurance company on the grounds that the driver of the Tempo Trax did not possess a valid driving l icence to drive a transport vehicle.

4. In fact, it is submitted that the appeal f i led by the insurance company in respect of other claimants chal lenging the l iabil ity has already been dismissed by this Court in M.F.A.No.100738/2016.

5. The f inding of the Tribunal insofar as exonerating the liabi l ity of the insurance company is concerned cannot be sustained in view of the decision rendered by Apex Co