ORIENTAL INSURANCE CO. LTD Vs. SUBHADRABAI

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dtd. 14/11/2008, passed by the Member, Motor Accident Claims Tribunal (M.A.C.T.), Majalgaon, in Motor Accident Claim Petition (M.A.C.P.) No.35 of 2007, whereunder, the appellant - Insurance Company and the owner of the vehicle involved in the accident - respondent No.2 herein, have been directed to pay jointly and severally, a sum of Rs.3,00,000.00 with interest thereon at the rate of 9% per annum from the date of M.A.C.P. to the date of realisation of the said amount, towards compensation.

(2.) FACTS:-

(3.) The vehicle owner and its driver - respondent Nos. 2 and 3, filed their written statement denying the averments in the claim petition. They, however, admitted that the deceased was travelling in ill-fated vehicle with his foodgrain bags. The appellant - Insurance Company came with a case that it was a goods carriage. The deceased was travelling therein as a fair paying passenger along with not less than 20 other persons. The appellant - Insurance Company has therefore no liability to pay compensation.