NATIONAL INSURANCE CO. LTD. Vs. JAYSHRI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 18/8/2012 passed in Claim Petition No.25 of 2006 by Motor Accident Claims Tribunal2, Nagpur.

(2.) The facts of the case may be stated in brief as under.: Respondent No. 1 and respondents No. 2 and 3 are respectively the wife and parents of the deceased Pramod Gadbail and respondents Nos. 4 and 5 are respectively owner and the driver of the offending vehicle Scorpio make bearing registration No. MH31 BB 5489, which was insured with the appellant at the time of the accident.

(3.) The petition was resisted by the appellant on the grounds, amongst others, that respondent No.5 was not holding valid and effective driving license to drive the offending vehicle at the time of accident and, therefore, there was breach of the terms and conditions of the insurance policy, thereby absolving the appellant from its liability to pay any compensation in the matter.