NATIONAL INSURANCE CO LTD Vs. RUKMINI GOVIND BARAGULKAR

JUDGEMENT

(1.) APPELLANT -Insurance Company has filed this appeal challenging the judgment and award dated 22nd November 2012 in MVC No.43/2011 passed by the Motor Accident Claims Tribunal -I, Belgaum (hereinafter referred to as 'the Tribunal' for short).

(2.) THE first respondent herein filed the claim petition contending that her son Prakash Govinda Baragulkar along with his friend Imtiaz were bringing the TVS Motor cycle bearing registration No.KA -25/V -3484 belonging to Sri.Prasad Patil from Zunjwad Cross to Nandgad as the said vehicle's chain was cut. At that time, a Truck bearing registration No.KA -22/B -703 belonging to the second respondent herein driven by its driver in a rash and negligent manner came and dashed against Prakash Govinda Baragulkar and Imtiaz. Due to the said impact, Imtiaz died on the spot, Prakash Govinda Bargulkar died in the hospital. At the time of death, the deceased was aged about 26 years working as a Supervisor in Sand lifting work of Prasad Patil, Nandgad, getting salary of Rs.7,000/ - p.m., as he had studied up to B.A. and also earning Rs.2.5 lakhs from agricultural sources.

(3.) PURSUANT to the notice issued by the Tribunal, the owner of the vehicle remained unrepresented. The respondents 2 and 3 who are the Insurer and Financier of the said vehicle filed statement of objections. The Insurance Company in their statement of objections contended that the vehicle bearing registration No.KA -25/V -3484 has not met with any accident. Originally, complaint was lodged against the Truck bearing registration No.MH -43/B -1686 subsequently, the charge sheet was filed against the Truck bearing registration No.KA -22/B -703, for which, the insurance policy was in operation. Further, the driver of the vehicle did not possess the valid and effective driving license. Hence the insurer is not liable to compensate the claimant and sought for dismissal of the claim petition.