THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED Vs. SMT. MALTA WD/O JAISHAN DHISALE
LAWS(BOM)-2017-7-108
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on July 18,2017

THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED Appellant
VERSUS
SMT. MALTA WD/O JAISHAN DHISALE Respondents

JUDGEMENT

S.B.SHUKRE, J. - (1.) By consent of learned counsel for the appellant and learned counsel for the claimants in all these appeals, these appeals are taken up for final disposal and they are being disposed of by common judgment as they involve a common question of law. Filing of paper book is dispensed with.
(2.) The appellant was the insurer of the Truck bearing registration number MH-12/DG-0923 involved in the accident. This truck was owned at the time of accident by Shri Abdul Rahim Sk. Lal, made one of the respondents in these appeals. The accident occurred on 11.12.2013 at about 21.30 hours when the truck was being driven from Kherda to Kamargaon. The accident occurred in front of Krishi Utpanna Bazar Samiti, Kamargaon. The accident occurred when the driver on the truck was over-taking the luxury bus which resulted in loss of control over the stearing wheel by the truck driver and it getting dashed against a tree standing on the wrong side of the truck. The truck was loaded with some labourers and many of those labourers died in this accident. The claimants in these five appeals are the dependents and legal heirs of those labourers who died in the accident. They are also joined as respondents in these appeals.
(3.) When claim petitions were filed under Section 166 of the Motor Vehicles Act by the claimants, they were resisted by the appellant on several grounds, one of them being the breach of the essential conditions of the insurance policy by the driver and owner of the truck. This breach was alleged to be in the nature of absence of having any valid licence by the truck driver at the time of accident. On merits of the case, all the claim petitions were allowed by the Tribunal by separate judgments, but delivered on the same day i.e. 15 th November 2016 in MACP Nos. 12 of 2014; 13 of 2014; 11/2014; 14/2014 and 15/2014. Since the appellant was not satisfied with the finding recorded on the point of breach of essential conditions of the insurance policy, the appellant is before this Court in these five appeals.;


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