NEW INDIA INSURANCE CO. Vs. MINAKSHEE GOKULKDAS GOSAVI

JUDGEMENT

(1.) This is an appeal filed by the Insurance Company taking exception to the judgment and award dtd. 17/7/2015 passed by the learned M.A.C.T, Sangamner in M.A.C.T. No.96 of 2011.

(2.) The present respondents No.1 to 4 set up the above claim against the owner of the truck and its insurer on the premise that, on 18/12/2010, deceased Gokuldas, who was in the employment of Public Works Department, Sub-Division, Sangamner, was behind the wheels of Government Jeep bearing No. MH-04-Y-175. When the said vehicle reached the vicinity of village Naigaon, a truck bearing No. HR-38-K-2361, coming from the Malkapur side at an excessively high speed and on the wrong side of the road, and gave a dash to the jeep, causing grievous injuries to the deceased Gokuldas. He succumbed on the spot. Crime was registered against truck driver, as accident has occurred due to his entire negligence. The wife, daughters, and son of the deceased Gokuldas filed Accident Claim Petition No. 96 of 2011, seeking compensation to the tune of Rs.19,00,000.00 on the ground that they were his dependents and had lost their source of income due to his death. The deceased Gokuldas was the sole bread earner of the family; therefore, the claimants sought compensation under various heads from the owner of the vehicle as well as the insurer.

(3.) In response to the notices issued by the Tribunal, respondent No.1 filed written statement at Exhibit-14 denying negligence and rather set up the case of negligence of deceased Gokuldas (jeep driver). Respondent No. 2, the insurance company, also filed a written statement at Exhibit-25, taking the stand that the deceased himself was rash and negligent. The second ground raised for objection was that the driver of the offending truck was not holding a valid driving licence, which amounted to a breach of the insurance policy; therefore, the insurance company sought dismissal of the claim petition against it.