BAJAJ ALLIANZ GENERAL INSURANCE COLTD Vs. VIBHISHAN MAHTO

JUDGEMENT

(1.) THE Appellant Bajaj Allianz General Insurance Company Limited impugns a judgment dated 17.08.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 5,75,000/ - for the death of Smt. Shanti Devi, the Appellant Insurance Company was made liable to pay the compensation and its plea of exoneration was rejected.

(2.) THE only ground of challenge raised on behalf of the Appellant is that there was breach of the terms and conditions of the permit in as much as the authorization of the driver to drive vehicle was not obtained as per the condition of permit and thus, the Insurance Company was not liable to pay the compensation.

(3.) THUS , the learned counsel for the Appellant argues that since the driver did not possess a proper authorization card containing the name and photograph and other particulars of the driver, there was breach of the condition of the permit. A perusal of the permit conditions shows that there are more than 100 conditions attached to the issuance of the permit which includes the condition No.8, which is extracted hereunder: -