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2020 Supreme(Kar) 1047

S.R.KRISHNA KUMAR
Manjunath – Appellant
Versus
M. H. Hanumath – Respondent


Advocates Appeared:
Suresh P Hudedagaddi, Advocate, Veena Hegde, Advocate

JUDGMENT

S.R. Krishna Kumar, J. - This appeal by the claimant is directed against the impugned judgment and award dated 09.11.2010 passed in MVC 2683/2008 by the Senior Civil Judge, Asst. Session Judge and Addl. MACT, Bailhongal, (for short 'the Tribunal') whereby the tribunal awarded compensation in a sum of Rs.1,13,700/- together with interest @ 6% P.a. in favour of the claimant towards injuries sustained by him in a road traffic accident that occurred on 18.06.2008. By the impugned judgment and award, the tribunal absolved the Insurance Company of its liability to pay compensation and fastened the liability upon the owner on the ground that the driver of the offending vehicle did not possess a valid and effective driving license to drive the vehicle as on the date of the accident.

2. I have heard the learned counsel for the claimant and learned counsel for the Insurance Company and perused the material on record.

3. Learned counsel for the claimant, placing reliance upon the decision of the Apex Court in the case of Mukund Dewangan Vs Oriental Insurance Company Limited, (2017) AIR SC 3668 , and submits that the tribunal committed an error in fastening the liability to pay compens

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