ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. DHULJI

JUDGEMENT

(1.) Instant appeal has been filed under Section 173, Motor Vehicles Act, 1988 by appellant insurance company against judgment/award dated 29.07.2010 passed by Motor Accident Claims Tribunal (Fast Track), Banswara in MAC Case No. 41/08, whereby, compensation in the sum of Rs. 1,20,410/- along with interest @ 6% p.a. Has been awarded in favour of the claimant-respondent No. 1. The facts upon which the claim was filed indicate that on 25.02.2008, claimant-respondent Dhulji, who pursued business of milk and agriculture, was going on his motor-cycle near Mayur Mills, Mordi, then, at that time, near the gate of the Mill, one Rakesh Joshi, respondent No. 2 came from behind on motor-cycle No. RJ-03/SC/3557 and while driving the motor-cycle rashly and negligently hit claimant-respondent Dhulji. Due to the said accident, Dhulji sustained injuries upon thigh, right hand and fracture of right side hip bone besides several other injuries. Upon the said incident, FIR No. 37/2008, Police Station Sadar, Banswara was registered for offences under Section 279, 337 and 338, I.P.C. In the said FIR, after usual investigation, challan was filed before the competent Court. Claimant-respondent filed claim petition claiming compensation to the tune of Rs. 12,00,000/- against appellant insurance company as well as driver of the offending motor-cycle Rakesh Joshi and owner Narayan Lal Joshi.

(2.) In the claim petition filed by the claimant, notices were issued and respondent put in appearance before the learned Tribunal and filed their reply. Respondent No. 3 raised a preliminary objection before the Tribunal that driver of the motor-cycle No. RJ-03/SC-3557 was not possessing legal and effective licence in his favour, therefore, as per terms and conditions of the insurance policy, the insurance company cannot be held liable for any compensation. The appellant insurance company admits that the vehicle in question was insured with the appellant insurance company.

(3.) Learned Tribunal, after considering the reply, framed four issues and after adjudicating all the issues in favour of the claimant held that claimant-respondent is entitled for compensation of Rs. 1,20,410/-.