VIJAY ARVIND PORE Vs. RUPALI RAMDAS DESHMUKH

JUDGEMENT

(1.) The issue involved in this Appeal is liability is fixed on the owner of offending vehicle.

(2.) It is contention of the learned counsel for the Appellant that the offending vehicle was insured with Respondent No.5. While deciding the Claim Petition the Tribunal has held that at the time of the accident, the offending vehicle was carrying hazardous good i.e. gas cylinder. The driver of offending vehicle was not holding driving license of carrying hazardous goods. It was breach of terms of Insurance Policy, on that basis, Tribunal has directed the Appellants to pay the compensation to the Claimants by exonerating the Insurance company.

(3.) The learned counsel further submits that no witness was examined before the Tribunal to prove that at the time of accident, gas cylinders were carried in the offending vehicle, but this fact is not considered by the Tribunal.