NARESH RAGHUVIR CHIPKAR Vs. PRAFULLA

JUDGEMENT

(1.) Heard Mr. Suraj Naik for the appellants, Mr. Ashwin Bhobe for respondents no.1 and 2, and Mr. E. Afonso for respondent no.3.

(2.) The challenge in this appeal is to the impugned Judgment and Award dtd. 29/11/2014 made by the Motor Accident Claims Tribunal (Tribunal) in Claim Petition No.48/2012.

(3.) Mr. Suraj Naik, learned counsel for the appellants at the outset made it clear that the appellants were restricting their challenge to the pay and recover order made by the Tribunal. He submits that in this case the vehicle which was involved in the accident was insured with respondent no.3 and there was no breach of any of the terms and conditions of the insurance policy. In particular, he submitted that the burden of establishing a breach is on the insurance company, and in this case, the insurance company had failed to discharge that burden. He, therefore, submitted that in this case the Tribunal erred in making a pay and recover order but should have foisted the entire liability only on the insurance company.