BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. MALEKABI

JUDGEMENT

(1.) Present appeal has been filed by the original respondent No.2 challenging the order below Exh.5 in M.A.C.P. No.389/2009 dated 16.10.2010, whereby the said application under Section 140 of Motor Vehicles Act, 1988 came to be allowed against the insurance company.

(2.) The original claimants contended that they are the legal heirs of one Mohd. Ayyub Mohd. Hanif who was aged 35 years butcher earning Rs.10,000/- per month. Deceased Mohd. Ayyub was coming from village Umra to Usman Nagar on bicycle on 14.12.2005 at about 7.00 p.m.. When he was near Mahadeo Khandi in Shiradhon village, Tq. Kandhar, Dist. Nanded, it is stated that he was dashed by motorcycle bearing No.MH 26/P9068 from back side. As a result of which, he sustained head injury, became unconscious and thereafter shifted to Government Hospital. He expired on 16.12.2005. According to the claimants, the accident had taken place due to the negligence on the part of driver of motorcycle i.e. respondent No.1. He is also the owner of said vehicle. It is stated that the said vehicle was insured with respondent No.2 on the date of accident. After filing petition under Section 166 of M.V. Act the claimants have claimed compensation under No Fault Liability.

(3.) Respondent No.1 filed written statement at Exh.20 and denied all the averments in the petition including the fact of accident and allegations about negligence on his part. The insurance company has filed separate written statement at Exh.21 and it has also denied all the averments in petition. Involvement of the vehicle itself in the accident is denied and the statutory defences have been taken.