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2021 Supreme(Kar) 1016

H. P. SANDESH
Oriental Insurance Co. Ltd. – Appellant
Versus
V. M. Sundar S/o. Late Muniyappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. S.V. Hegde Mulkhand, Advocate

JUDGMENT :

Though this appeal is listed for admission today, with the consent of learned counsel appearing for appellant/Insurance Company and learned counsel appearing for respondents/claimants, the same is taken up for final disposal.

2. This appeal is filed by the appellant/Insurance Company challenging the Judgment and Award dated 25.02.2013 passed in M.V.C.No.611/2011 by the Principal MACT., & Chief Judge, Court of Small Causes, Bengaluru (‘the Tribunal’ for short), questioning the liability fastened on the Insurance Company.

3. The factual matrix of the case is that the claimants have made the claim petition before the Tribunal that the deceased was succumbed to the injuries in a road traffic accident that occurred on 22.11.2010 at about 3:20 p.m, on the left side of Richmond road, near Shoolay Circle, opposite to Cathedral P.U. College main road, Bengaluru, on account of the rash and negligent driving of the driver of the Petrol Tanker bearing registration No.KA-01-B-3886.

4. The Insurance Company in the written statement took the defense that the driver of the said vehicle was not holding a valid and effective driving license as on the date of the accident.

5. The claimants in o

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