SHUBHASH WAMAN BAVISKAR Vs. ADINATH HAMBIRRAO BUDHWANT

JUDGEMENT

(1.) The issue involved in this Appeal is exoneration of the Insurance Company from paying compensation.

(2.) It is contention of the learned counsel for the Appellant that the Tribunal has observed that there was breach of terms and conditions of Insurance Policy as driver of offending vehicle was not holding valid and effective driving licenses on the date of the accident and Insurance Company is not liable to indemnify, which is improper. Hence, requested to allow the Appeal.

(3.) It is contention of the learned counsel for the Respondent-Insurance Company that the Claimants cannot be considered as aggrieved party against the Insurance Company as the Claimants are only entitled for compensation in respect of accident caused and they are not suppose to see from whose pocket they are getting compensation. When there was breach of terms and conditions of Insurance Policy the Tribunal has right to decide who is liable to pay compensation.