BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. PUSHPABAI

JUDGEMENT

(1.) The instant Appeal is directed against the judgment and award dated 31 st January, 2009 passed by learned Member, Motor Accident Claims Tribunal, Gondia, (in short "the Tribunal") in MACP No. 13/2006.

(2.) The accident in question occurred on 29.5.2005 at about 4.00 p.m. Near Doubling Ground, Gondia; while respondent no. 1 was driving Mahindra pick-up (auto) bearing No.MH-35-K-431 started with rapid speed in rash and negligent manner. Prashant Chouhan (deceased), a nine-year old boy fell from the vehicle and the wheels ran over the deceased, which resulted into fatal injuries to said Prashant. The offending vehicle was insured with Bajaj Allianz General Insurance Company. The claim was resisted tooth and nail, on the ground that Prashant was. at the time of accident, climbed over the auto without knowledge of the Driver and when the Driver started the auto, the accident occurred. Thus, denying negligence of the Driver, the respondent nos.l and 2 above, have prayed for dismissal of claim. The insurer also denied the claim and contended that the insurer is not liable for compensation on account of breach of policy conditions.

(3.) The Tribunal found that the victim died as a result of driving Mahindra pick-up Auto No.MH-35-K-431 driven rashly and negligently. The claim of Rs. 1.58,000/- with interest @ 7.5% per annum from the date of petition till its realization in full, was granted. The respondent nos.l to 3 in the Claim Petition were directed to pay compensation jointly and severally.