JUDGMENT :

This appeal is filed challenging the judgment and award passed in MVC No.1318/2014 dated 09.08.2016 on the file of Senior Civil Judge and JMFC, Arsikere by the Insurance Company questioning the liability.

2. The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case is that the claim petition was filed by the claimant stating that on 17.02.2014 while he was proceeding in his motorcycle near Rangapura Government School, the driver of Canter lorry bearing registration No.KA-13-6866 came from opposite direction in a rash and negligent manner and dashed against the motorcycle, which resulted in grievous injuries to the claimant. The Insurance Company took the defence before the Tribunal that the vehicle involved in the accident is a transport vehicle and the driver had not possessed any valid and effective driving licence to drive a transport vehicle as on the date of the accident. Insurance Company, in order to prove and substantiate its stand, examined the Senior Assistant as RW2 and RTO as RW3. RW3 gave evidence before the Tribunal and produced driving licence extra