ORIENTAL INSURANCE CO LTD Vs. RASHANNA LAXMANRAO BIRADAR

JUDGEMENT

(1.) The Respondent - original claimant filed Claim Petition under Section 166 of the Motor Vehicles Act, 1988, before the motor Accident Claims Tribunal, claiming compensation towards death of his son Datta, aged 12 years, caused in the accident due to the rash and negligent driving of the driver of (sic) sealer Matador bearing No. MAB-4083 owned by Respondent No 1, driven by Respondent No. 2 and insured with Respondent No. 3 therein.

(2.) The claim was opposed by respondents No. 1 and 2 denying rash and negligent driving and also any liability and claimed that the accident was consequence of rash and negligent driving of the driver of Truck bearing No. AIC-3911. These respondents claimed that the liability, if any, arising from the accident, was liable to be met by the insurance Company - Respondent No. 3.

(3.) The claim was opposed by respondent No. 3 on various grounds, inter alia, that due to the violation of conditions of insurance cover, the insurer was not liable. The pleading, in this regard, is seen in para 7 of the written statement, which is quoted below for ready reference :-