NEW INDIA ASSURANCE CO LTD Vs. KAUSHALLAYABAI

JUDGEMENT

(1.) This appeal filed under Section 173 of the Motor Vehicles Act, 1988 by which the appellant Insurance Company has challenged the judgment and award dated 30.01.2004 delivered by the learned Motor Accident Claims Tribunal, Nagpur in Claim Petition No. 611/1994. The present respondent no.1 had filed Claim Petition and she claimed compensation for death of her 12 year old school going grand-son Suresh on 16.04.1994. The Claims Tribunal has granted compensation of Rs.80,000/- with 9% interest from 15.10.1994 till deposit to respondent no.1 - Kaushallyabai.

(2.) It is not in dispute that Jeep bearing No. MZV-292 belongs to respondent no.3 Anilkumar and it was being driven by the driver respondent no.2. Respondent no.2 has been deleted from this appeal as he has expired. The learned counsel points out that he was dead when the proceedings were pending before the Claims Tribunal.

(3.) Defence of the present appellant before the Claims Tribunal was that it issued Act only Policy i.e. third party insurance in relation to Jeep No. MZV-292, which was registered as private vehicle. The Insurance company contended that the said jeep was hired for marriage and met with an accident. Suresh who was a passenger traveling in the said jeep as part of marriage party was killed in the accident. Insurance company therefore pleaded that there was breach of policy condition and also on account of limited nature of policy, the Motor Accident Claims Tribunal could not have awarded any compensation as against it.