NEW INDIA ASSURANCE CO LTD Vs. SANTOSH

JUDGEMENT

(1.) Challenge in this first appeal is to the award rendered by Motor accidents Claims Tribunal, Jalna restricted to the question of liability imposed on appellant insurance company.

(2.) Brief background facts leading to the appeal are that the respondent-claimant was travelling in a Matador goods vehicle no. MWP 8796 on 3. 6. 1994 for attending marriage of his relative. Matador vehicle skidded on way near Karjat Phata, located on Jalna-Beed Road and, therefore, it turned turtle. Vehicle was toppled thereafter and hence, some passengers, including the respondent, were injured. He sustained a fracture of the cervical bone resulting into paraplegia. He claimed compensation of rs. 2,00,000 from the owner, driver and the insurer of the vehicle.

(3.) Appellant as well other opponents failed to file their written statement. The learned Member of the Motor Accidents claims Tribunal awarded compensation of Rs. 1,63,000 along with proportionate costs and interest at the rate of 12 per cent per annum, excluding the no fault liability amount of Rs. 12,000. The Tribunal held that all the three respondents, including the present appellant, were jointly and severally liable to pay the compensation amount. The appellant impugns the finding regarding liability fixed by the Tribunal on the ground that the claimant was admittedly travelling in the goods vehicle as a member of the marriage party and the vehicle was being used for transportation of passengers though, it is registered and insured as a goods vehicle.