ARVIND RAJARAM NIKHADE Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mr. Joshi, learned counsel for appellant, Mr.Khadgi, learned counsel for respondent no.1 and Mr. Choube, learned counsel for respondent no.2, owner of offending vehicle.

(2.) Cause for giving rise to the filing of the present appeal is judgment passed by learned Member, Motor Accident Claims Tribunal, Akola dated 08.12.2009 in M.A.C.P. No.233/2004. The appellant is Sectional Engineer. While proceeding for his official work to village Kumbhi on motorcycle bearing registration No. MH-30/C-5677, he met with an accident near village Pimpalgaon. The offending vehicle was tractor owned by respondent no.2 having registration No. MH-30/I-5259, which was duly insured with respondent no.1-Oriental Insurance Company Ltd. Due to accident, appellant suffered injuries and was required to be an indoor patient in various hospitals and he has suffered 20% permanent disability.

(3.) The appellant approached to the Claims Tribunal by filing claim petition under Section 166 of the Motor Vehicles Act. The said was registered as MACP No. 233/2004. In the said claim petition, appellant claimed Rs.10,00,000/- as compensation from respondent in the said claim petition. On being noticed, insurance company as well as the tractor owner appeared and filed their written statements. The common thread of their defence was that the appellant also contributed in the accident. In addition to the said, it was the defence of the insurance company that the tractor driver was not holding license and therefore i.e. the breach of condition of the policy. Therefore, the insurance company is not liable for payment of compensation.