NATIONAL INSURANCE CO. LTD Vs. LATABAI

JUDGEMENT

(1.) Being aggrieved by the judgment and award passed by the Member, Motor accident Claims Tribunal, Jalna dated 8.2.2005 in M.A.C.P. No.125/2002, the original respondent no.3 insurer has preferred this appeal.

(2.) Brief facts, giving rise to the present appeal, are as follows :

(3.) Learned counsel for the appellant insurer submits that, some 35 to 40 persons were travelling in a goods vehicle. They were travelling as a passenger for visiting pilgrimage of Pandharpur. Same is evident from the contents of FIR Exh.4. Learned counsel submits that, respondent claimant no.1 has made departure from the pleadings and adduced evidence to the effect that owner had gone to the house and requested the deceased to accompany the driver. On the other hand, respondent owner and driver in their written statement have not stated anything about it. Learned counsel submits that, there is clear cut breach of the conditions of the policy. Even, in paragraph no.7 of the judgment, the Tribunal has referred the policy and most particularly, condition no.3 of the policy, wherein it is mentioned that the vehicle cannot be used for carrying passengers except employees other than driver not exceeding six in all. The learned Member of the tribunal has misconstrued said policy condition no.3 and further observed that said condition authorizes to carry six passengers in the vehicle. Even, in the same paragraph tribunal has observed that, passengers died in the accident might be coming within the said first six numbers of passengers. Learned counsel submits that, Tribunal has recorded perverse finding. The appellant insurer is not liable to pay any compensation.