IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. BHAGYASHRI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order passed by the Motor Accident Claims Tribunal, Pune (for short the Tribunal), the Appellant Insurance Company preferred this Appeal.

(2.) Brief facts of the case are as under:- On 15/5/2010, Sakharam Gaikwad was riding the motorcycle bearing No. MH-14/BD-9975 and deceased Ganesh was a pillion rider on said motorcycle. At the time of incident, Sakharam was crossing Mumbai-Pune road for going towards Kamshet. At the relevant time, the Respondent No.1 drove his rickshaw bearing No. MH-43/C-1989 in rash, excessive and negligent manner and thereby dashed to the motorcycle. Because of dash, Sakharam and deceased fell down on road, sustained multiple injuries. Deceased Ganesh sustained head injury. Ganesh died while taking treatment. The offence was registered against the Respondent No.1 rickshaw driver.

(3.) The Claimants filed Claim Petition for getting compensation before the Tribunal. The Tribunal has passed judgment and order, it is under challenge. It is contention of learned Counsel for the Appellant that the Respondent No.1 drove the offending rickshaw outside the jurisdiction and thereby violated the terms and conditions of the permit. Therefore, the Appellant is not liable to pay any compensation to the Claimants.