VASANT Vs. RAMDHAN

JUDGEMENT

(1.) Heard Mr. C. A. Joshi, learned Counsel for the appellant (vehicle owner), Mr. P. R. Agrawal, learned Counsel for the respondent Nos.1 to 3 (claimants), and Mr. M. B. Joshi, learned Counsel for the respondent No.4 (Insurance Company).

(2.) The challenge in this appeal is to the judgment and award dtd. 25/4/2008 made by the Motor Accident Claims Tribunal (Tribunal), Washim in M.A.C.P. No.226/2005 to the extent the impugned award exonerates the Insurance Company and foists the liability of payment of compensation entirely on the appellant owner.

(3.) Mr. C. A. Joshi, learned Counsel for the appellant pointed out that in this case, the only plea raised by the Insurance Company was that the driver of the tractor did not have a valid and effective driving license to drive the said vehicle and this amounted to a fundamental breach of the terms and conditions of the policy. He submitted that apart from this pleading, there was no other pleading in the written statement filed on behalf of the Insurance Company. He, therefore, submits that the Tribunal erred in taking into consideration the case of the Insurance Company that the tractor was being used for a commercial purpose or that a tractor had one or two trolleys attached to it and even that constituted a fundamental breach of the terms of the Insurance Policy. He submitted that the issue of the license of a tractor driver now stands settled by the three-Judge Bench of the Honble Supreme Court in Mukund Dewangan Vs. Oriental Insurance Company Limited reported in (2017) 14 SCC 663 and the Tribunal, in this case, has incorrectly relied on the decisions which have now been overruled by the Honble Supreme Court. For these reasons Mr. C. A. Joshi, learned Counsel for the appellant submits that this appeal may be allowed.