LAWS(BOM)-2010-10-295

SARITA RANGANATH HALDANKAR WIDOW OF RANGANATH JAGANATH HALDANKAR ALIAS RANGANATH JAGANATH NAIK HALDANKAR Vs. RASHILA SADANAND GOVENKAR WIFE OF SADANAND GOVENKAR AND NATIONAL INSURANCE CO LTD

Decided On October 18, 2010
Sarita Ranganath Haldankar Widow Of Ranganath Jaganath Haldankar Alias Ranganath Jaganath Naik Haldankar Appellant
V/S
Rashila Sadanand Govenkar Wife Of Sadanand Govenkar And National Insurance Co Ltd Respondents

JUDGEMENT

(1.) By this appeal, the appellants take exception to the judgment and award dated 4th September, 2003 passed by Motor Accident Claims Tribunal, Mapusa in claim petition No. 48/2000.

(2.) Briefly, the facts leading to filing of the present appeal are as under:

(3.) The claimants examined two witnesses. Respondent No. 2 examined their Administrative Officer and produced policy of insurance in favour of respondent No. 1. The Tribunal held that the driver was not covered under the policy and the driver himself was rash and negligent in driving the vehicle. The Tribunal held that he was not a third party as per the policy of insurance and as such the claim petition against respondent No. 2 was not maintainable.