NEW INDIA ASSURANCE COMPANY LTD Vs. REKHA

JUDGEMENT

(1.) This is an appeal by the insurance company, taking exception to the judgment and award dtd. 20/1/2014 passed by Motor Accident Claims Tribunal, Beed, in Motor Accident Claim Petition No.245 of 2011, granting compensation of Rs.32,29,820.00 on account of death in vehicular accident. The original claimants also have preferred a Cross Objection for enhancement of compensation.

(2.) The facts, giving rise to the present appeal and Cross Objection as well, are as under :-

(3.) Mr.S.G.Chapalgaonkar, learned counsel for the appellant - insurance company, would submit that the averments in the claim petition and the evidence let in on behalf of the claimants attribute the negligence or rashness to the drivers of both vehicles. It was a claim under Sec. 166 of the Motor Vehicles Act. Proof of negligence or rashness is a condition precedent for grant of compensation thereunder. Moreover, the deceased was not a third party so far as against the appellant - insurance company is concerned. The deceased had borrowed Swift car to drive the same when it met with the accident. Admittedly, the deceased was not a paid driver. As such, his risk had not been covered under the policy of the insurance. Learned counsel, therefore, urged for allowing the appeal.