NATIONAL INSURANCE COMPANY LTD. Vs. RAJAN AND ORS.

JUDGEMENT

(1.) Heard. Admit. With consent of parties, as record and proceeding is available, appeal is taken up for final hearing.

(2.) Facts leading to institution of present appeal can be summarized thus: - -

(3.) The claim petition came to be opposed by filing written statement by the respondents. According to respondent No. 1, accident took place due to rash and negligent act of the driver of the truck. He further submitted that Tempo Trax was insured with respondent No. 3. Respondent No. 2 also filed a separate written statement with similar pleadings. Respondent No. 3 -insurance company resisted the claim by contending that the accident took place because of rash and negligent act of driver of truck. It denied that the accident took place because of rash and negligent driving of the driver of the Tempo Trax vehicle. According to insurance company, deceased Uttamrao as well as other persons travelling in the Tempo Trax were neither family members nor relatives of respondent No. 2 but they were travelling as fare paying passengers in the said vehicle, as such the insurance company is not liable to indemnify the owner. Insurance company further contended that driver, owner and insurer of the truck though necessary party, were not joined as party respondents and therefore the claim petition deserves to be dismissed. The respondent insurance company admitted that the Tempo Trax vehicle was duly insured with it, but contended that because of contravention of terms and conditions of the policy, the insurer is not liable for payment of compensation.