NATIONAL INSURANCE CO. LTD. Vs. MARTINHA DIAS

JUDGEMENT

(1.) Heard Mr. U.R. Timble, who appears along with Ms. Yadika Mandrekar for the Appellant, Mr. J.J. Mulgaonkar for respondent nos.1, 1(a) and 1(b) (claimants), and Mr. Sudin Usgaonkar, Senior Advocate with Ms. T. Mashelkar for respondent no.3 (owner). Accordingly, respondent no.2 is already served.

(2.) This appeal is directed against judgment and award dtd. 4/9/2015 in Claim Petition No.11/2013, by which the Tribunal has awarded the claimants compensation of Rs.7,30,600.00with interest at the rate of 9% per annum from the date of filing of the Claim Petition till actual payment.

(3.) Mr. Timble, the learned Counsel for the Appellant - Insurance Company, submits that the insured vehicle driver possessed only a license to drive Light Motor Vehicle (L.M.V.). However, this driver was found to be driving a transport vehicle. Mr. Timble submits that this amounts to a fundamental breach of the terms and conditions of the insurance policy. Therefore, no liability could have been imposed on the Appellant - Insurance Company.