UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAVINDRA VITHAL ADGALE

JUDGEMENT

(1.) These Appeals are preferred under Sec. 173 of Motor Vehicle Act, 1988 (for short 'the Act') by Original Respondent No. 3 - Insurance Company taking exception to the judgment and orders dtd. 21/1/2012 passed by MACT, Aurangabad in MACP Nos. 17/2010 and 18/2010 respectively.

(2.) On 4/9/2029, at about 18:30 hours, the Original Claimants along with others were travelling on a motorcycle bearing registration No. MH-20-BB-7435 at a moderate speed from Daulatabad towards Aurangabad. The Original Claimant, Ravindra, was riding the said motorcycle. When they reached the place of the incident, a Bajaj Tempo Trax bearing registration No. MH-23-C-0423 came from the opposite direction in a rash and negligent manner and dashed against the motorcycle. As a result of the said impact, the claimants were thrown to the ground and sustained grievous injuries, including fractures to the right knee and right leg respectively. Immediately after the accident, they were shifted to Ghati Hospital, Aurangabad, where they received medical treatment. It is the case of the claimants that, due to the said accident, they have suffered permanent disability.

(3.) Though Original Respondent Nos. 1 and 2, driver and owner of the vehicle, were served, they failed to causes appearance. Hence, Petitions proceeded against them ex parte. Respondent No. 3 - Insurance Company contested the claim Petitions and filed written statements at Exhibits 14 and 15 respectively denying all contentions and breach of conditions of insurance policy.