NEW INDIA ASSURANCE COMPANY LTD THROUGH ITS DIVISIONAL MANAGER, GOPAL KRISHNA BHAVAN, SITABULDI, NAGPUR Vs. KALABAI WD/O MAHADEO SHIRPURKAR

JUDGEMENT

(1.) The judgment and order dated 27.09.1999 passed by Chairman, Motor Accident Claims Tribunal, Nagpur in Claim Petition No.455 of 1993 is the subjectmatter of this appeal.

(2.) The only ground on which the impugned judgment and order is challenged is that the vehicle in which the deceased was travelling was a goods vehicle, and deceased was proceeding therein as a gratuitous licencee along with 7 to 8 members of the marriage party. Therefore, the liability can no more be fastened on the Insurance Company. It is submitted that a specific plea to that effect was taken by the appellant in its written statement filed before the Trial Court in para 22. In the last para also it was specifically stated that the deceased was a gratuitous passenger and not permitted by law to travel in the goods vehicle. The said act of the deceased was in contravention to the terms and conditions of the policy, and hence, the appellant cannot be held liable to pay any amount of compensation, interest etc.

(3.) The submission of the learned counsel for the appellant is that despite specific plea being raised by the appellant in its written statement, the Trial Court has not considered the same; no issue to that effect is framed nor any finding is given about the same. It is submitted that there is an admission given by the witness Rameshwar Lonkar who was travelling in the same matadoor along with the deceased, that matadoor was a goods vehicle. According to the learned counsel for the appellant, the trial court has totally ignored this evidence and the material admission. According to him, therefore, the impugned judgment and order of the Trial Court cannot be called legal and valid and needs to be quashed and set aside.