UNITED ASSURANCE CO LTD Vs. ANANDA MAHADU BAVISKAR

JUDGEMENT

(1.) Present First Appeal arises out of Judgment and award dated 29th April, 1995 passed by Motor Accident Claims Tribunal, Jalgaon in Motor Accident Claim Petition No. 61 of 1986. The Appellant is original opponent No. 3 Insurance Company and Respondent Nos. 1 to 4 are original Petitioners claimants. Respondent Nos. 5 and 6 are the original opponent Nos. 1 and 2. Present First Appeal dismissed against Respondent Nos. 5 and 6 as per order dated 13th October, 2000.

(2.) The present First Appeal filed by the Appellants on the ground that the Tribunal erred in coming to the conclusion that the Appellants are liable to pay the compensation to Respondent Nos. 1 to 4 though the vehicle which was involved in the accident was not insured with the Appellants. The Appellants submit that the Tribunal has failed to consider that the vehicle was not insured and there were no positive particulars of insurance produced in the Court and therefore the Tribunal erred in coming to the conclusion that the Appellants are liable to pay the compensation. The Appellants further raised objection to the impugned Judgment and award passed by the Tribunal on the ground that the Tribunal failed to consider that the truck driver was not holding valid driving license and was not conversant with the driving. Because of breach of the conditions of the policy on the part of the owner of the vehicle, the Appellants are not liable to pay any compensation to the Respondent Nos. 1 to 4.

(3.) A few facts of the present case are as under: