NEW INDIA ASSURANCE COMPANY LTD Vs. THAKUBAI

JUDGEMENT

(1.) The issue involved in this appeal is whether the Insurance Company is liable to pay compensation when the vehicle was covered under transit policy.

(2.) On 24/5/1998 the deceased Khandu Solat was going towards Rajaram Takali in TATA chassis bearing registration No. MH-12/685 with the goods necessary for the engagement. When the vehicle reached near Nandrabad, one motor taxi came from opposite side which was carrying some bamboo sticks tide on the top of taxi. At that time, both vehicles were driven in rash and negligent manner at excessive speed without taking into consideration the situation of the road. The bamboos tide on the top of taxi hit on the face and head of the driver Shri Laxman Solat of the TATA chassis, consequently he lost the control and went in the ditch by the side of the road. The deceased, who was sitting in the TATA chassis, was thrown away from the vehicle. He received serious injuries. Subsequently, he succumbed to the injuries.

(3.) Petition filed by respondent no.1 - original claimant for getting compensation before the Motor Accident Claims Tribunal, Aurangabad [for short 'the Tribunal']. The Tribunal has awarded the compensation. The said Judgment and order is under challenge by the appellant - original respondent no.3 [Insurance Company].