The owner of the offending vehicle having been

saddled with the liability to pay compensation to the

claimants, has preferred this appeal. The factual

background is as follows :

2. Name of the deceased in the accident is Syed

Wali. On 28.9.2015, about 4.00, PM he was riding a

motor cycle with registration No. KA-36/W-3987 with

one Mr.Mohammed Shali on the pillion. As they came

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near the by-pass of Raichur-Merched Road, a school

bus with registration No. KA-36/A-1164 being driven

rashly and negligently by its driver hit the motor

cycle while overtaking it. As a result Syed Wali met

instant death and the pillion rider was injured.

3. In the claim petition laid by the dependants

of the deceased, the insurer of the offending vehicle

took a specific defence that since on the date of

accident, the fitness certificate and the permit were

not in force, it was not liable to indemnify the liability

of the owner although the insurance policy was in

force. The tribunal computed the total compensation

payable to the dependents at Rs.6,18,000/- with

interest at the rate of 6% p.a. and accepting the

defence of the insurer absolved it of its liability and

directed the owner of the offe