NATIONAL INSURANCE CO. LTD. Vs. RATNAMALA AND ORS.

JUDGEMENT

(1.) This is an appeal by original respondent No. 2 Insurance Company challenging judgment and Award passed by the learned Motor Accident Claim Tribunal, Nanded in MACP No. 707 of 2008 on 02.03.2015 whereby, the Insurance Company along -with owner of the motor vehicle (Maruti Omni) are jointly as well as severally directed to pay compensation of Rs. 5,70,000/ - to respondents 1, 2, 3/original claimants. Respondent No. 4 Uttam Deshmukh is owner of the motor vehicle involved in the accident. For the sake of convenience, the parties shall be referred to in their original capacity.

(2.) Brief facts, leading to the institution of the present appeal, can be summarized thus:

(3.) I have heard Shri Gatne, learned counsel appearing for the appellant Insurance Company. He vehemently argued that averments in F.I.R. itself show that deceased Vasant was not driver on the motor vehicle owned by respondent No. 1 Employer employee relationship is not at all proved. The motor vehicle was insured under "Act only policy". He further argued that though in a claim under Sec. 163 -A of the Motor Vehicles Act, claimants are not required to plead or establish any wrongful act or neglect or default of the owner of the motor vehicle concerned or any other person, the other -side is not precluded from establishing any wrongful act or neglect or default of driver of the vehicle in respect of whom, the claim is made for compensation under Sec. 163 -A of the Motor Vehicles Act, 1988.