LAWS(BOM)-2009-5-14

ORIENTAL INSURANCE CO LTD Vs. MANGALA DINESH BIRE

Decided On May 08, 2009
ORIENTAL INSURANCE CO LTD Appellant
V/S
MANGALA DINESH BIRE Respondents

JUDGEMENT

(1.) This is an appeal by the Insurance Company who is aggrieved by the award passed by the Motor Accident Claims tribunal, Nagpur in Claim Petition No. 433 of 1994.

(2.) The Tribunal has awarded the compensation to the tune of Rs. 3,61,500/- with 9% interest.

(3.) The proposition of law namely that when a person driving the vehicle who is not a workman or employee, engaged to drive or a gratuitous driver of the vehicle which has suffered the accident would not be entitled for compensation on the basis of the Insurance policy from the Insurance Company, is seen to be a proposition on which there is no room for two opinions. Any discussion on the Judgments relied upon by appellant is not needed.