SUBHASH Vs. KIRAN

JUDGEMENT

(1.) HEARD learned advocate mr. R. R. Mantri for the petitioner, learned advocate Mr. Y. P. Pawar, for respondent nos. 1 to 3, learned advocate Mr. V. N. Upadhye, for respondent Nos. 4, 5 and 7, and learned advocate Mr. D. V. Soman, for respondent No. 6.

(2.) PETITIONER is owner of the jeep No. MH 20-A 1293 which is duly registered as taxicab to carry passengers. The said vehicle was admittedly insured with respondent No. 6, i. e. , United India Insurance Co. Ltd. , Aurangabad, including the risk of life or bodily injury to its passengers and the driver. The insurance policy was valid up to 11. 1. 1994. The petitioner had employed duly licensed driver to ply the taxi as per the permit.

(3.) ON 18. 6. 1993, the taxi was proceeding towards Sillod on Aurangabad-Jalgaon road. A truck bearing No. MWP 1885 dashed against the taxi near Ganori Phata. At the relevant time, Budhan Khan was driving the truck which was owned by respondent no. 5. The truck was insured with respondent No. 7. On account of rash and negligent driving cf the respondent No. 5, accident occurred in which the taxi driver died. Passengers in the taxi suffered injuries. Respondent Nos. 1 to 3, who suffered injuries, have filed claim petitions bearing nos. 282, 305 and 309, all of 1993, before the Motor Accidents Claims Tribunal, aurangabad. The Tribunal held that the drivers of both the vehicles involved in the accident were equally rash and negligent and allowed the claim petitions filed by respondent Nos. 1 to 3. The insurance company has been exonerated on the ground of breach of terms of policy. The Tribunal awarded Rs. 7,500 each to respondent Nos. 1 and 2 and Rs. 900 to respondent No. 3.