HDFC ERGO GENERAL INSURANCE COMPANY LIMITED Vs. TUKARAM

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and award dtd. 12/10/2015, passed by the Motor Accidents Claims Tribunal, Ahmednagar (for short, the Tribunal) in MACP No. 700 of 2008, the appellant/Original respondent No. 2- Insurance Company preferred this appeal. The claimants/original petitioners have also filed Cross-objection for enhancement of compensation. I am deciding the appeal and cross objection by this common judgment.

(2.) Brief facts of the case are as under:

(3.) It is the contention of the learned counsel for the appellant-Insurance company that the deceased and other passengers were travelling in the offending tempo as gratuitous passengers. The said tempo was goods vehicle. Risk of such passengers was not covered under the insurance policy. The tempo had capacity of two passengers whereas more than six passengers were travelling in the said tempo. It was against the policy. Hence, there is breach of terms and conditions of the policy. The learned counsel for the appellant relied on following case laws: