NEW INDIA ASSURANCE COMPANY LTD. Vs. RAMESH
LAWS(BOM)-2017-5-135
HIGH COURT OF BOMBAY
Decided on May 25,2017

NEW INDIA ASSURANCE COMPANY LTD. Appellant
VERSUS
RAMESH Respondents

JUDGEMENT

B.P.DHARMADHIKARI,J. - (1.) Heard Ms. Anita Singh, learned counsel for the appellant Insurance Company. None appears for respondent nos. 1 and 2. Respondent nos. 1 and 2 are claimants in Motor Accident Claim Petition No.179/2003. Owner of the offending vehicle - Jeep bearing registration No. MAF 2446 and its driver, who were party respondents before the Motor Accident Claims Tribunal are not joined as party respondents before this Court in this First Appeal.
(2.) Accident to that jeep and death of Sou. Pavitra @ Savita in it is not in dispute. Her relationship with claimants is also not in dispute. The Claims Tribunal has awarded total compensation of Rs. 1,65,000/to claimants and has asked respondent nos. 1, 2 and 3 before it to pay it jointly and severally with 8% interest. Respondent no.3 in proceedings before the Claims Tribunal appears to be present Insurance Company, though its name is not shown as such in copy of judgment provided along with the appeal memo.
(3.) Ms. Singh, learned counsel has submitted that breach of policy condition was specifically pleaded in written statement by pointing out that the said jeep was registered as a private vehicle and it was carrying passengers for fare. Hence, no liability could have been saddled on the appellant. In the alternative and without prejudice, she submits that in any case insurance company ought to have been permitted to recover the amount of compensation from owner of the offending vehicle.;


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