ORIENTAL INSURANCE CO LTD Vs. VIDYA DEVI

JUDGEMENT

(1.) pellant Oriental Insurance Co. Ltd. has come up in the present appeal being aggrieved by the award dated 27.4.2000 passed by 2nd Additional Motor Accidents Claims Tribunal, Sarguja (Ambikapur), awarding the compensation of Rs. 1,10,000 to the claimants for the death of Ramesh Kumar Agrawal (21).

(2.) Ramesh Kumar Agrawal met with an accident on 7.3.1998 while he was driving motor cycle No, MP 27-D 1058 owned by respondent No. 3 Pradeep Kumar Agrawal. Vehicle was insured with Oriental Insurance Co. Ltd. Claimants contended that accident occurred due to mechanical failure. Owner of the vehicle remained ex parte before the Tribunal.

(3.) Appellant insurance company denied the liability to pay the compensation on the ground that the deceased himself was responsible for the alleged accident, therefore, it cannot be made liable for the payment of any compensation. Insurance company further took a plea that the driver of the vehicle was not having valid driving licence to drive the vehicle and it was the breach of terms and conditions of the policy and to the extent of negligence of the deceased himself claimants cannot claim any compensation.