CHANDRESHBHAI EBHABHAI MARU Vs. PRADIPBHAI GOVINDBHAI PARMAR

JUDGEMENT

(1.) Challenge in this Appeal is to the judgment and award dtd. 21/6/2019 passed in M.A.C. Petition No.1040 of 2013 passed by the learned M.A.C. Tribunal (Auxiliary) at Rajkot whereby the claim petition came to be dismissed.

(2.) The grounds raised challenging the judgment and award inter alia states that learned Tribunal failed to consider the policy whereby additional premium to cover the risk of the paid driver was received by the insurance company and the Tribunal ought to have considered that being engaged as driver by Respondent No.1, the risk of the appellant is statutorily covered under the purview of Sec. 147 of the Motor Vehicles Act, 1988.

(3.) Learned advocate Mr.Bhalodi referring to the judgment rendered in case of Valiben Laxmanbhai Thakore vs. Kandla Dock Labour Board reported in 2021 (1) GLR 440 submitted that Insurance company cannot deny the liability to pay the compensation after accepting the additional premium which indemnifies owners for paid driver and / or conductor and risk of driver / conductor gets covered therein and thus learned advocate Mr.Bhalodi submitted that upon that ground injury caused to the driver or conductor the insurance company would be liable to satisfy such claim irrespective of self-negligence.