NEW INDIA ASSURANCE CO. LTD. Vs. SHIVMANGAL RAJWADE

JUDGEMENT

(1.) This is an Insurer's appeal against the award dtd. 20/2/2019 passed by learned 2nd Additional Motor Accident Claims Tribunal, Surajpur (C.G.) in Claim Case No.98/2017.

(2.) In this case, the accident took place on 11/8/2017 at about 5:00 p.m., when deceased Rampratap (a student aged about 05 years) after getting down from the offending vehicle bearing registration No.CG 15 AD 0553 was crossing the road to go to his house, the driver of the said vehicle i.e. respondent no.6 drove the vehicle rashly and negligently and after hitting Rampratap crushed him, as a result of which, he suffered grievous injuries and died on the spot. The claimants who are parents and grandparents of the deceased preferred a claim application before the Tribunal claiming compensation of Rs.15,50,000.00. Learned Tribunal, on a close scrutiny of the evidence available on record, award a total compensation of Rs.4,80,000.00 in favour of the claimants with interest @ 9% per annum, from the date of application till its realization. While passing the impugned award, the Tribunal has saddled the liability of payment of compensation upon the Insurance Company against which the present appeal has been filed by the Insurance Company.

(3.) Learned counsel appearing for the appellant-Insurance Company submits that the offending vehicle was being used for transporting school children for which there was no permit. Therefore, operating the vehicle without a permit is a violation of the insurance conditions. He submits that the burden of proof placed on the insurance company by the Tribunal is erroneous as the insurance conditions were violated by operating the vehicle in the absence of permit. In such a situation, the insurance company is not liable for payment of any compensation. Therefore, prays for allowing the appeal by exonerating the Insurance Company from its liability.