NEW INDIAN INSURANCE COMPANY LTD THROUGH ITS AUTHORIZED SIGNATORY/SENIOR DIVISIONAL MANAGER/IN-CHARGE LEGAL HUB, MAHESH COMPOUND Vs. ARCHANA WD/O RAMBHAU ANJAAN

JUDGEMENT

(1.) These seven appeals are arising out of one accident happened on 28.05.2015 having involvement of a truck bearing Registration No. MH20-BT-3578 owned by present respondent no.6 and insured with the appellant-insurance company.

(2.) The First Appeal No.1983 of 2018 is filed against the judgment and award passed in Motor Accident Claim Petition No. 477 of 2015. The said claim petition was filed by the legal representatives of deceased Rambhau Anjaan, who suffered death in the aforesaid accident. The claimants in the remaining six petitions are the persons injured in the aforesaid accident. I deem it appropriate to note down the relevant information in tabular form showing the first appeal number and motor accident number out of which the said appeal is arising and the amount of compensation awarded in the said petition by the Tribunal. <FRM>JUDGEMENT_202_LAWS(BOM)10_2018_1.html</FRM>

(3.) The claim petitions were resisted by all the three respondents i.e. driver, owner and insurer of the offending truck. In each of the claim petition, respondent no.1 was the insurance company, respondent no.2 was the owner and respondent no.3 was the driver of the offending truck. Respondent nos. 2 and 3 i.e. owner and driver of the truck had filed their joint written statement denying the contentions raised in the petition. Respondent no.1-insurance company had raised the defence of the breach of policy conditions by owner of the offending truck alleging that he allowed respondent no.3 to drive the offending truck though having knowledge that on the date of accident, said respondent no.3 was not holding the valid and effective driving licence.