NATIONAL INSURANCE CO LTD Vs. SAVITABEN SAMATBHAI SAKARIYA

JUDGEMENT

(1.) The National Insurance Company Limited, as an appellant, has preferred this appeal aggrieved by the judgment and award dtd. 17/12/2021 passed by the learned MACT (Aux), Rajkot in MACP no.1503/15 primarily on the ground that on the day of the accident, the involved vehicle-bus bearing registration no.GJ-3 Y-501 was plying on the road without any permit and that there was violation of the policy condition.

(2.) Mr. Palak Thakkar, learned advocate for the insurance Company submitted that the certificates Exhs.35 and 36 issued by RTO, Rajkot revealed that the permit of the involved bus bearing registration no. GJ-3 Y- 501 was for the period between 26/7/2006 and 25/7/2011 and thus, stated that the document itself is self-explanatory that on the date of the accident on 13/9/2015, the bus was being plied without any permit and thus, stated that on that ground itself, the insurance Company was required to be exonerated.

(3.) The facts of the case as were urged before the Tribunal suggest that on 13/9/2015, the deceased riding his motorcycle had reached Village Virnagar and at that time, the involved bus bearing registration no. GJ-3 Y- 501 came in a rash and negligent manner with excessive speed and dashed the motorcycle. As a result, the motorcyclist sustained serious injuries and succumbed to death. During the course of trial, a copy of FIR was put in evidence at Exh.23, copy of the Panchnama of the place of the accident at Exh.24, inquest Panchnama at Exh.25, postmortem of the deceased at Exh.26, R.C. Book of the bus bearing registration no. GJ-3 Y-501 and the insurance policy of the bus at Exhs.27 and 28, charge-sheet of the accident at Exh.29 and driving license of the deceased at Exh.30. The issue was raised before the Tribunal regarding lack of permit. The learned Tribunal rejected that plea observing that it cannot be said that the accident occurred due to no permit of the vehicle and made the applicant entitled to get the compensation from both the opponents - registered owner as well as the insurance Company of the bus and thereby, concluded the entitlement of compensation of Rs.13,18,000.00 from both the opponents.