The Branch Manager v. Yankamma and Ors.
Case brief
What is this about?
High Court of Karnataka appeal by Insurance Company against Motor Vehicle Claims award (Raichur) in fatal timber-lorry accident case; driver lacked valid and effective driving licence on date of accident; driving licence extract showed no renewal - 'validity gap period'; Tribunal erred in holding driver held valid licence; breach/violation of policy conditions; insurer nevertheless held liable to pay compensation with pay-and-recovery liberty against owner of offending vehicle, following Supreme Court (Apex Court) and Full Bench of the Court; award modified only in respect of liability; deposit of entire compensation with interest from date of filing of claim petition till realization within six weeks; transmission of deposited amount to concerned Tribunal. Illegible in source: amounts, dates, section number, party/counsel names, cited case citations.
What did the court decide?
Judgment and award of the Claims Tribunal modified only in respect of liability; the Insurance Company directed to deposit the entire compensation amount awarded, with interest from the date of filing of the claim petition till realization, within six weeks, with liberty to recover the same from the owner of the offending vehicle; the amount deposited before the High Court to be transmitted to the concerned Tribunal.