SHASHIKANT Vs. RESHMA

JUDGEMENT

(1.) Present appeal has been filed by the original opponent No.1 challenging the judgment and award passed by the learned Chairman Motor Accident Claims Tribunal, Latur in M.A.C.P. No.142 of 2007 dated 21.10.2008 for exonerating original respondent No.3 the insurance company from liability to pay compensation.

(2.) The facts giving rise to the present appeal are that present respondent Nos.1 to 7 are the original claimants who had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 for getting compensation on account of accidental death of one Yusuf Mainoddin Sayyed. Said Yusuf Mainoddin expired due to accidental injuries which were caused on 14.04.2007 at Khopoli on Bombay-Pune Highway. He was travelling in the truck as Coolie, when the truck reached near Borghat. It was driven by respondent No.2 in rash and negligent manner. He lost his control over the truck and the truck went down in the valley. Yusuf died on the spot. The said vehicle was owned by respondent No.1 and it was insured with respondent No.3 on the date of the accident. The claimants had claimed compensation of Rs.19,20,000/-. However, restricted the same to Rs.5,00,000/-.

(3.) The claim proceeded ex-parte against respondent No.2. Respondent Nos.1 and 3 had filed their separate written statement. Both the respondents denied the fact of accident, the manner in which the accident had taken place, age, occupation and income of the deceased as pleaded in the petition. The insurance company, in addition, had taken statutory defence that the respondent No.2 was not holding valid and effective driving licence to drive the said vehicle on the date of the accident and therefore, it amounted to breach of terms of policy. The insurance company sought exoneration.