UNITED INDIA INSURANCE COMPANY Vs. MADAN RAMBHAU JADHAV

JUDGEMENT

(1.) The appellant - Insurance Company assails the Judgment and Award dated 12-02-2004 passed by the learned Member, Motor accident Claims Tribunal, Aurangabad (for short "Tribunal"), in Motor Accident Claim Petition No. 589 of 1999 whereby the claimants were awarded compensation of Rs. 1,74,500/- inclusive of "No fault Liability" on account of death of their 13 year old son along with interest @ 9% p.a.

(2.) Mr. Soman, learned counsel for the appellant challenged the Judgment and Award to the extent of fastening liability to pay the compensation on the Insurance Company. According to him, there is clear breach of policy as offending vehicle was driven by a minor. The learned Tribunal has discussed about payment of the compensation to the claimants and recover the same from the owner of the vehicle in paragraph No. 17 of the judgment, but in the final order no such relief is granted to the Insurance Company.

(3.) Mr. Kakade, learned Advocate for respondent No. 2 owner supports the Judgment and Award. He argued that there is no proper pleading and no evidence to show that vehicle was driven by a minor and liability could be avoided on the ground of breach of policy. The Insurance Company has not examined anybody to that effect, therefore, the learned Tribunal has rightly fastened the liability on both the respondents.