DNYANESHWAR Vs. RAJU S/O RAMCHANDRA SAKHARE

JUDGEMENT

(1.) Deceased appellant has challenged the judgment of Motor Accident Claims Tribunal (MACT), Achalpur in Motor Accident Claim Petition No. 21/2008 by which the claim petition is allowed against the driver and owner of the offending vehicle directing them to pay compensation of Rs. 17,36,217/- along with interest at the rate of 6% per annum from the date of petition till the realization of the amount. Claim petition against the respondent no. 3 i.e. insurance company came to be dismissed.

(2.) The appellant challenged the dismissal of claim petition against the insurance company. Fact in the claim petition is not in dispute. There is no dispute about the accident. There is no dispute that at the relevant time, insurance company i.e. the respondent no. 3 insured the said offending vehicle owned by the respondent no. 2.

(3.) Heard learned Advocate Shri Agrawal for the appellant. He has pointed out paragraph no. 19 of the judgment of MACT. By the side of claimants, reliance was placed on the decision of Apex Court in the case of National Insurance Co. Ltd. Vs. Swaran Singh and ors., 2004 ACJ 1. MACT not relied on the said judgment of National Insurance Co. Ltd. Vs. Swaran Singh and ors. but relied on the judgment of National Insurance Co. Ltd. Vs. Vidyadhar Mahariwala and ors., 2008 AIR(SCW) 7145 and held that insurance company is not liable to pay the compensation.