NEW INDIA ASSURANCE COMPANY LTD Vs. PRABHAKAR

JUDGEMENT

(1.) The appellants/original respondent no.2-Insurer approaches this Court under Sec. 173 of the Motor Vehicles Act, thereby impugning the common judgment dtd. 5/7/2003 in MACP No.261 of 1996, 51 of 1997 and 336 of 1997. (For the sake of brevity, Parties hereinafter are referred to as per their original status).

(2.) Respondents no.1/original claimants in respective claim petitions had approached the Tribunal under Sec. 166 of the Motor Vehicles Act, 1988 thereby raising claim for compensation towards injuries suffered in motor vehicular accident dtd. 23/10/1996. The claimants contend that, on the fateful day, they were traveling in a Matador bearing registration No.MH-22/355 from village Charthana to village Waghi for attending the Bazar. Driver of Matador lost his control over the vehicle. Resultantly, it toppled in the vicinity of village Pimpri (khurd). The claimants who were occupying seat in the matador suffered severe injuries. According to the claimants, driver of the Matador was negligent. The offending Matador was owned by respondent no.1. It was driven by respondent no.2 (Now deleted) and insured with respondent no.3 (present appellant). As such, respondents are jointly and severally liable to pay the compensation.

(3.) The Claim was contested by the appellant-insurer by filing written statement on the ground of breach of terms and conditions of the insurance policy. The claimants recorded respective evidence and relied upon the police papers. Insurance company recorded evidence of Mr. Takalkar, Branch Manager of the company, who placed on record copy of the insurance policy. The Tribunal, after hearing the parties, allowed the claim petition and directed respondent nos.1 to 3 to jointly and severally pay compensation to the claimants as quantified in respective claims. Aggrieved by the common decision of the Tribunal, insurer filed present group of appeals.