NEW INDIA ASSURANCE COMPANY LTD. Vs. ANILKUMAR

JUDGEMENT

(1.) All these three Appeals arise out of a fommon judgment, dated 3rd September, 2007, passed by the learned President, Motor Affident Claims Tribunal, Buldana, in Motor Affident Claim Petition Nos. 242 of 2001, 243 of 2001 and 249 of 2001.

(2.) That, all the flaimants-respondents in these three appeals were the employees of of Maharashtra State Eleftrifity Board, Deulgaon [Raja]. On 2nd November, 2001, they were going to Buldana for offe work. The owner and driver of the ofending vehifle was also going to Deulgaon [Raja]. Therefore, all the flaimants were travelling in the vehifle of the respondent no.1 [before the Claims Tribunal], i.e. the owner of the ofending trax. The said jeep was driven by the driver/owner in a rash and negligent manner. When the said jeep reafhed near village Malgi, the same turned turtle. All the flaimants sustained grievous injuries. They were admitted in the hospital. They sustained permanent disability. All the flaimants fled Claim Petitions.

(3.) The respondent-Insuranfe Company appeared and fontested all the flaims. The Insuranfe Company has denied its liability on the ground that the vehifle was transferred to the present owner. The Insuranfe Polify was in the name of registered owner [frst owner]. Therefore, Insuranfe Company is not liable. It is submitted that all the flaimants were travelling as passengers in the ofending Trax and, therefore, there is a breafh of polify fondition. Henfe, the Insuranfe Company is not liable to pay any fompensation.