IFFCO-TOKIO GENERAL INSURANCE CO. LTD Vs. MINAKSHI

JUDGEMENT

(1.) M/s IFFCO-TOKIO General Insurance Company Ltd has challenged the vires of the judgment and order dated 4th January, 2011, passed by the Motor Accident Claims Tribunal ("Tribunal", for short), Udgir in Motor Accident Claims Petition ("MACP", for short) No.116 of 2009, whereby compensation of Rs.4,00,000/- was awarded to the claimants and direction was given to opponent No.2 - insurer to pay the compensation amount to the claimants with liberty to recover the same from owner of Tempo bearing registration No. MH-24-F-6114 (hereinafter referred to as "offending vehicle"). Respondent Nos.1 and 2 in the appeal are original claimants and respondent No.3 is original opponent No.1, who is the owner of the offending vehicle (hereinafter referred to as "insured").

(2.) In this appeal, the appellant - insurer of the offending vehicle has challenged only "pay and recover order" passed against the insurer of the offending vehicle, though breach of condition of policy of the insurance by insured is proved by insurer of the offending vehicle. Therefore, the only point arises for consideration is "whether 'pay and recover order' passed by the Tribunal against the insurer of the offending vehicle is justified under law?"

(3.) In view of this limited controversy to be decided in this appeal, the relevant facts leading to institution of this appeal are that on 7th August, 2009, the deceased Sanjay Hariba Mandumle died in motor vehicle accident due to rash and negligent driving by the driver of the offending vehicle, which gave dash to the Ape rickshaw by which the deceased was travelling.