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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
Ashok S.Kinagi
Gouramma W/o Bharamappa Bhandari – Appellant
Versus
Miscellaneous First Appeal No. 102484 of 2014 (MV-D) – Respondent
JUDGMENT :
Ashok S. Kinagi, J.
This Appeal is filed under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the Insurance Company, challenging the judgment and award dated 10.06.2014 passed in MVC No.91/2011 by the learned Senior Civil Judge & IT Court & AMACT, Byadgi.
2. Brief facts leading rise to the filing of this appeal, are as follows:
3. On 30.08.2010, at about 10.30 a.m. one Bharamappa was a pedestrian on the left side of the P.B. Road. At that time, the lorry bearing Reg.No.KA-27/5949, driven by its driver in a rash and negligent manner, dashed to Bharamappa. As a result, the Bharamappa sustained fatal injuries all over the body and died on the spot. Hence, the petitioners, are the legal representatives of the deceased Bharamappa, filed a claim petition under Section 166 of the M.V.Act claiming compensation for the death of Bharamappa in a road traffic accident. Accordingly, prays to allow the claim petition.
4. A notice was issued to the owner of the offending vehicle. Despite the service of a notice, he remained unrepresented and was placed exparte.
5. The Insurance Company filed a statement of objections denying the avermen
The Insurance Company is liable to pay compensation first and can recover from the vehicle owner if there is a policy breach due to the driver's lack of a valid license.
The burden of proof regarding insurance liability rests with the petitioners and vehicle owner, who failed to provide valid documentation.
A valid LMV license suffices for driving heavy goods vehicles, establishing insurer's liability for compensation despite allegations of breach.
Point of Law : Motor Accident claim - Insurance company is entitled to take a defence that the offending vehicle was driven by an unauthorised person or the person driving the vehicle did not have a ....
Insurers are liable for third-party claims even if the vehicle is driven by an individual with a learner's license, supported by statutory provisions and prior rulings.
The Insurance Company must prove the owner's knowledge of the driver's unlicensed status to escape liability; mere allegations are insufficient.
The onus of proof regarding the validity of the driving license and authorization to drive the vehicle remains with the insurance company, and the violation of insurance policy terms cannot be presum....
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