NEW INDIA ASSURANCE CO LTD Vs. SUKHDEV

JUDGEMENT

(1.) HEARD learned advocate mr. V. N. Upadhye for the appellant and learned advocate Mrs. Mane, holding for learned advocate Mr. V. D. Salunke for the respondent Nos. 1 to 6. Respondent No. 6 is served but is absent.

(2.) ADMIT. With the consent of learned counsel for the parties, the appeal is taken up for final hearing forthwith.

(3.) THIS F. A. No. 109 by the insurance company is directed against the order dated 22. 6. 2000 passed by ex officio Member, motor Accidents Claims Tribunal, Beed. In brief the facts giving rise to this first appeal are as under: the accident took place on 16. 1. 1998. Deceased Babasaheb alias Maruti Sukh-dev Shinde was pillion rider. Sitaram s/o vishwanath Salunke was driving motor cycle bearing No. MH 23-A 5336. It appears that driver lost the control over the motor cycle and accident occurred. Both of them fell on the ground. Deceased Babasaheb sustained multiple injuries. Hence, the respondent Nos. 1 to 6 who are original claimants in M. A. C. Petition No. 227 of 1998 filed claim petition under section 140 of Motor Vehicles Act. The appellant, who is original respondent No. 2, in claim petition, resisted the claim preferred by the heirs of the deceased mainly on the ground that Sitaram had no valid driving licence and that deceased was a pillion rider of which risk was not covered and no premium was paid to the insurer. The Tribunal passed the impugned order under section 140 of Motor Vehicles Act and, consequently, the owner of the vehicle and the insurance company are directed to pay rs. 50,000 to the claimants.