KARNATAKA HIGH COURT
S. SUNIL DUTT YADAV, VIJAYKUMAR A. PATIL, JJ
SAVITA HEGDE W/O. DECEASED DR. VISHWANATH SHIVARAM HEGDE – Appellant
Versus
GAJANAN S/O. SHIVARAM NAIK – Respondent
| Table of Content |
|---|
| 1. the appeal is brought by claimants related to a tribunal's award. (Para 1 , 2) |
| 2. arguments presented by proponents and opponents of the appeal. (Para 3 , 4) |
| 3. court's examination of vehicle license validity and evidence. (Para 5) |
| 4. application of prior case law and driving license regulations. (Para 7) |
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This appeal is filed by the claimants challenging the judgment and award dated 19.08.2015 passed in MVC No.137/2014 by the Additional MACT, Honavar (Itinerary Court at Bhatkal (for short, ‘Tribunal’).
2. Heard Sri. Shivaraj S. Balloli, learned counsel appearing for the appellants submits that this appeal is filed by the claimants challenging the judgment and award of the Tribunal only on the ground that the Tribunal has erred in saddling the liability to pay compensation on the respondent No.1 -owner of the vehicle on the ground that the driver of the vehicle was not having a valid and effective driving license to drive a LMV Goods vehicle. The said issue is no more res-integra. It is covered by the decision of the Hon'ble Supreme Court in the case ofMukund Dewangan V/s Oriental Insurance Company Limited 1, which is af
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