NATIONAL INSRANCE COMPANY LTD Vs. SEEMS RAMDAS TELHANDE

JUDGEMENT

(1.) The appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'Act') is directed against the Judgment and Award dated 22082011 passed by the Motor accidents claims Tribunal at Wardha in MACP No.70 of 2008, whereby the Tribunal had partly allowed the claim in the sum of Rs 5,21,500/inclusive of no fault liability together with interest @ 9% p.a. from the date of the petition till realization of the entire amount.

(2.) The facts in brief are as under :

(3.) I have heard submissions at the bar at length. On behalf of the appellant, it is contended that motorcycle driver was rash and negligent and met with the accident, therefore, tribunal ought to have dismissed the claim or at the most could have apportioned the liability between the driver of the unknown offending motor vehicle and the offending motorcycle driven by the deceased Ramdas, who was also contributory to his own accident. His motorcycle was found in the middle of the Road. It is also contended that the alleged victim was not holding the valid driving license and there was breach of the insurance policy.