NEW INDIA ASSURANCE CO LTD Vs. RANINGBHAI RAJABHAI

JUDGEMENT

(1.) This appeal has been filed by the appellant - original claimant No. 2 - Insurance Company against the respondents - original opponent Nos. 1 and 2 and the original claimants under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) against the judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Junagadh in MACP No. 826 of 1997 on 8/8/2011. The parties are hereinafter referred to as the claimants and the opponents as they stood in the original petition for the sake of convenience, clarity and brevity.

(2.) The brief facts that emerge from the record of the case are as under:

(3.) The notices were duly served to the opponents, but, the opponent Nos. 1 and 2 did not appear and opponent No.3 - Insurance Company appeared and filed the written statement at Exh. 18 mainly denying the averments and allegations made in the claim petition and contended that luxury bus bearing No. GJ-14-T-35 did not have a valid and effective contract carriage permit and the provisions of the Motor Vehicles Act has been violated and there was breach of the terms of the insurance policy and therefore, the insurance company is not liable to pay any amount of compensation to the claimants.