NANASAHEB Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE appeal is filed against the judgment and award of claim petition No. 47 of 2007, which was pending before the Claims Tribunal, Beed. The Tribunal has exonerated the Insurance Company and only on that point the decision is challenged by the original respondent No. 1, owner. Heard learned counsels for the appellant, owner and Insurance Company. Learned counsel for claimants was also heard.

(2.) THE accident took place on 5.2.2007 at about 2.00 p.m. on Padalsingi -Pathardi Road, within the jurisdiction of Chaklamba police station. Deceased was present in the minidoor bearing No. MH -23 -4386. It is the case of the claimants that deceased Suresh was present in the aforesaid vehicle with his goods, as owner of goods. According to them, goods were gunny bags and wooden stumps (balli). It is contended that due to rash and negligent driving of the mini -door by its driver, respondent No. 1, the vehicle turned turtle. Suresh died on the spot in the accident. Claim was made by widow aged about 29 years and four minor issues of deceased. In the present proceeding, decision is challenged only on the finding of exonerating the Insurance company from the liability. So it is not necessary to discuss other contentions and other evidence.

(3.) INSURANCE Company filed written statement and it contended that claimants need to prove their contentions. It is contended that deceased was travelling in the tempo as fair paid passenger and so Insurance Company is not liable to pay anything. Other defence in respect of absence of driving licence by the matador driver was also taken.