The insurance company has preferred this appeal,

assailing the judgment and award dated 07.05.2018 passed

by the Senior Civil Judge & Addl. MACT, Ron, (hereinafter

referred to as 'the Tribunal' for short) in MVC No.72/2016

on the ground of liability as well as quantum.

2.

The claimants have filed a claim petition before

the Tribunal, seeking compensation of Rs.51,00,000/- on

account of death of one Ashok S/o Durgappa Hadimani,

who died in a fatal road traffic accident on 14.7.2015, when

the deceased was proceeding on his motorcycle bearing

chassis

No.MBLHA10AMEHM74456,

the

driver

of

the

Mahindra Maximo bearing registration No.KA-37/9869

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drove the same in a rash and negligent manner and dashed

against the motorcycle of the deceased and due to the

impact of the accident the deceased fell down and sustained

grievous injury and succumbed to the injuries during

treatment. It is averred that the deceased was hale and

healthy at the time of accident and was working as an

agriculturist and also was working as a Hamal in APMC Yard

and earning Rs.15,000/- p.m. from agricultural and

Rs.5,000/- by doing Hamali in APMC Yard. The claimants

are the wife, child and parents of the deceased, it is averred

that the deceased was the sole earning member of the

family and the claimants were solely dependent upon the

income of the deceased.

3.

Pursuant to issuance of summons by the

Tribunal, respondent Nos.1 and 2 though served with the

notice,

did

not

appear

and

were

placed

ex-parte.

Respondent No.3-insurance company appeared and filed

their objections.

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4.

Respondent No.3-Insurance company contended

that the driver of the offending vehicle bearing registration

No.KA-37/9869 did not possess valid and effective driving

license to drive a particular type of vehicle. It is also

averred that the requirement of Rule 3 of the Central Motor

Vehicles Rules, 1989, were not satisfied and the alleged

vehicle was used as a hire or reward on the date of the

accident violating the terms of the Insurance Policy and the

fitness certificate of the said vehicle had expired as on the

date of the accident and thus, sought to absolve the

liability.

5.

On the basis of the pleadings, the Tribunal

framed the following:

ISSUES

1. Whether the petitioners being the

legal representatives of Late. Ashok

S/o. Duragappa Hadimani, prove

that the said Ashok S/o. Duragappa

Hadimani, was died, consequent

upon the motor vehicle accident

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that took place on 14.07.2015 at

about 1.00 p.m. on B. Hosalli-Hyati

road, near Hyati Village of Koppal

Taluk, due to rash and negligent

driving of Mahindra Maximo bearing

Reg. No.KA-37/9869 being driven

by its drive in an actionable claim?

2. Whether

the

respondent

No.3

proves that the drive of the alleged

vehicle was not having a valid and

effective driving license at the time

of the accident, and violated the

terms

and

conditions

of

the

insurance policy?

3. Whether the petitioners are entitled

for compensation? If so, for what

amount and from whom?

4. What order or award?

6.

In order to substantiate their claim the claimant

No.1-wife of the deceased examined herself as PW.1 and

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got marked documents at Exs.P1 to P14. On behalf of

respondents, respondent No.3-Senior Assistant of the

company examined himself as RW.1 and got marked

documents at Exs.R1 and Ex.R2.

7.

The

Tribunal,

considering

the

pleadings,

evidence and material on record held that the accident

occurred due to the rash and negligent driving of the driver

of the Mahindra Maximo bearing registration No.KA-

37/9869 and also held that the driver of the offending

vehicle had valid and effective driving license to drive the

particular type of vehicle as on the date of the accident and

held that the expiry of the fitness certificate or the permit

will not absolve the liability of the Insurance company and

thus, fastened the liability on the Insurance company and

awarded compensation of Rs.16,86,500/- with interest at

8% per annum under the following heads:-

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1.

Los