RELIANCE GENERAL INSURANCE Vs. KOUSHALYA ANANTA CHAUDHARI

JUDGEMENT

(1.) By this first appeal filed under section 173 of the Motor Vehicle Act, 1988, the appellant (original appellant no.2) has impugned the judgment and award dated 8th December,2017 passed by the M.A.C.T., Palghar in M.A.C.T. Application No.167 of 2016 allowing the part of the claims made by the respondent no.1. By consent of the appellant and the respondent nos.1 to 4 (original applicants) this First Appeal is heard finally. Some of the relevant facts for the purpose of deciding this First Appeal are as under :-

(2.) The respondent no.1 herein is widow, the respondent no.2 is the minor daughter and the respondent nos. 3 and 4 are the father and mother of the deceased Mr.Ananta Nana Chaudhari respectively. The respondent no.5 is the owner of the offending vehicle. It was the case of the respondent nos. 1 to 4 that on 11th October,2015 at about 5.15 p.m. the said Mr.Ananta Nana Chaudhari (hereinafter referred to as the said deceased) was driving the motorcycle bearing no. MH-04/BL- 3238 and was proceeding from Jawhar in moderate speed. At about 5.15 p.m. when he reached Jawhar Nasik Road, Kundachapada Village, at that time, a Mahendra Bolero jeep no. MH-04/EQ-9572 came in a high and excessive speed and gave dash to the motorcycle of the deceased causing serious injuries. The said deceased succumbed to the injuries. A criminal case was filed against the driver of the offending vehicle for rash and negligent driving.

(3.) The respondent nos. 1 to 4 being the legal heirs and representatives of the said deceased, filed an application (M.A.C.P.No.167 of 2016) before the M.A.C.T. and District Judge, Palghar inter alia praying for compensation of Rs.25,00,000/- . The respondent no.5 did not file any written statement. The appellant filed its written statement and resisted the claim. It was contended in the written statement that there was breach of the terms and conditions of the insurance policy as the driver of the offending vehicle was not holding valid driving licence. It was also urged by the appellant in the written statement that there was contributory negligence on the part of the said deceased in driving the motorcycle.