SUBHASH ALIAS DADAJI AWCHAT Vs. NATIONAL INSURANCE COMPANY

JUDGEMENT

(1.) This first appeal is preferred against the order passed on an application under section 140 of the Motor Vehicle Act, whereby it exonerated the In-surance Company.

(2.) The facts giving rise to the claim are as follows The claimant is an agriculturist. He had brought to Kalamna the agricultural produce for being sold there. It was brought in a Metador bearing No. MH31/AP7922 from his village. After selling the said Soyabeen, the claimant as well as others were going back home sitting in the same Metador, to their village. On way, the said Metador met with an accident in which the claimant suffered injuries. Due to the said injuries, it is alleged that the claimant has suffered a permanent disability. He has, therefore, filed an appli-cation claiming compensation under section 166 of the Motor Vehicle Act. Therein, he also filed an application under section 140 of the M.V. Act.

(3.) The said application under section 140 of the M.V. Act was opposed by the Insur-ance Company on the ground that the cheque issued by the owner of the vehicle towards the premium to be paid for insuring the ve-hicle was dishonoured and an intimation was given to the owner as well as to the R.T.O. office of such cancellation of the policy. The other ground is that the claimant was not a third party and a gratuitous passenger not covered by the policy of insurance.