SARUBAI Vs. SURENDRASING

JUDGEMENT

(1.) The appeal is filed against judgment and award of Claim Petition No. 93/2007 which was pending before the Claims Tribunal, Beed. The claim petition of the present appellants was partly allowed by the Tribunal. The Tribunal has not made the Insurance Company liable to pay the compensation amount. The decision is challenged both on the point of quantum and on the point of liability of Insurance Company to pay first. Both the sides are heard.

(2.) The accident took place on 24.11.2006. The truck bearing No. MH-23/Q-7296 owned by original respondent No. 1 and insured with original respondent No. 2 met with an accident. The husband of the original claimant No. 1 died in the accident. It is the case of widow and other dependents of the deceased that the deceased was aged about 45 years and he was monthly earning Rs. 5,000/- by working in Engineering Division of one Cooperative Sugar Factory. The widow of the deceased was aged about 40 years and the widowed mother of the deceased was aged 80 years. The deceased had left behind four issues. The youngest issue was of 13 years old at the relevant time and the eldest issue was of the age of 21 years. Eldest issue, daughter, was married at the relevant time and so, the Tribunal has already held that she was not depending on the deceased for livelihood. It is the case of remaining dependents of the deceased that they all were totally depending on the deceased for their livelihood.

(3.) The matter proceeded exparte against the owner. The Insurance Company filed written statement. The Insurance Company contended that there has been breach of conditions of policy as the driver of the truck was not holding valid and effective licence to drive the truck. It is also the case of Insurance Company that as per the requirement of law, no information was supplied by both the driver and the owner of the vehicle to it.