ORIENTAL INSURANCE CO LTD Vs. KANKUBEN JAGABHAI VAKTARA

JUDGEMENT

(1.) HEARD learned Advocate Mr. K. K. Nair for appellant-Insurance Company.

(2.) BY way of this appeal, appellant-Insurance Co. has challenged award made by M. A. C. T. Rajkot in Claim Petition No. 854 of 1997 dated 8th August, 2008 wherein Claims Tribunal has awarded Rs. 3,15,200-00 in favour of claimants with interest thereon at the rate of 9 percent with a direction to recover same from opponent Nos. 1 to 5 jointly and/or severally.

(3.) LEARNED Advocate Mr. Nair for appellant has raised contention that the claims Tribunal has committed an error in not appreciating that only Rs. 15-00 were paid as premium by owner in respect of paid-driver, and therefore, risk of person driving the vehicle is not covered by Insurance policy issued by Insurance company. He also raised contention that as per the terms and conditions of policy, risk of deceased driver was not covered. He relied on the provisions of Sec. 147 (5)of M. V. Act. Therefore, Sec. 147 (5) of M. V. Act is reproduced as under :