ORIENTAL INSURANCE COMPANY LTD Vs. ATMARAM GANPATI CHOUGULE

JUDGEMENT

(1.) THE Appellant the Oriental Insurance Company Limited challenges the award passed by the Motor Accidents Claim Tribunal, Kolhapur on 13.8.1984 in Motor Accidents Claim No.61/1982 whereby the tribunal allowed the claim of the claimants Respondents no.1 and 2 herein for a sum of rupees 30,000.00 together with interest @ 12% p.a. from the date of petition and the cost of petition and making the present appellant liable jointly and severally with the owner and driver of the vehicle in question.

(2.) THE only question involved in this first appeal and pressed by the learned counsel for the Appellant is about the liability of the appellant (for short, "insurer"). According to learned counsel for Appellant insurer, the deceased was travelling unauthorisedly in the truck bearing no.MHL-4579 owned by the Respondent no.4 herein (for short, 'insured') and driven by Respondent no.3 herein (for short,'driver'); and the insurance company cannot be held liable since the deceased was travelling in breach of the terms of the policy. In support of his contentions the learned counsel for appellant relied upon the decision of this court in 1) United India Insurance Co.Ltd., Appellant v. Abdul Munaf Majur Hussain Momin and others, Respondents 1984 A.C.J. 653; 2) Maimuna Begum and others, Appellants v. Taju and others 1988 ACJ 417; 3) Oriental Fire & Genl. Ins. Co. Ltd., Appellant v. Hirabai Vithal Nikam and others, Respondents 1988 ACJ 494.

(3.) TO appreciate the contentions of the learned counsel for the parties, the facts may be briefly noted.