DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. MOHIDINBI

JUDGEMENT

(1.) THE vehicle in question is the official Jeep belonging to Respondent No. 2, One Maktumsha sayyed is a' driver of the Jeep, employed under Respondent No. 2, The third respondent is the senior Officer working under the second respondent entitled to use the Jeep for official purpose.

(2.) ON 8. 2. 93 the third respondent went to Kurundawad village by official Jeep. The Jeep was driven by the deceased. The third respondent visited the village for personal work for recovery of his personal loans from the- villagers. There was commotion and altercation. The villagers beat the third respondent and his son, The driver was also beaten resulting in his death. The wife of the deceased made claim before the W. C. Commissioner seeking compensation,. The eerrenissloner directed the second respondent, insurer of the Jeep to pay Rs. 227079/- and directed the second respondent is directed to pay Rs. 1000/- towards funeral expenses. The insurer, is in appeal seeking avoidance of the liability on the ground that the death has not attributable to the use of the motor vehicle.

(3.) THE following is. the substantial question of law; i) Whether the death of the driver has any legal relation with us of motor vehicle to fasten the utility on the insurer?