NEW INDIA ASSURANCE COMPANY LTD YAVATMAL, THROUGH REGIONAL MANAGER, NAGPUR, REGIONAL OFFICE, NAGPUR Vs. YAMUNABAI WD/O TULSHIRAM CHAVAN

JUDGEMENT

(1.) New India Assurance Company Limited, Yavatmal, through its Regional Manger is in this appeal challenging the judgment and award passed by learned Chairman Motor Accident Claims Tribunal, Yavatmal dated 17.11.2007. By the said award, the learned Chairman has partly allowed the claim petition filed on behalf respondent nos.1 to 6 under Section 166 of the Motor Vehicles Act and granted compensation of Rs. 2,92,000/ inclusive of no fault liability claim along with interest at the rate of 9% per annum from the date of petition till the amount is deposited in the tribunal.

(2.) Respondent nos.1 to 6 were required to file claim petition since the person on whom they were depending, lost his life in vehicular accident dated 002000 near Kolambi fata. Respondent no.1 is widow, respondent nos. 2 to 4 are the minor son and minor daughters, who were aged about 7 years, 5 years and 3 years at the time of accident and the respondent nos.5 and 6 are the parents of the deceased. Deceased Tulshiram Chavan was traveling in the ill fated vehicle having registration No.MH29/C406.

(3.) The claim petition was hotly contested by the appellantinsurance company by filing the written statement (Exh.24). In the written statement, a plea was taken by the appellant that though the offending vehicle was duly insured, it was insured as private vehicle and not as commercial vehicle. It was also pleaded in the written statement that after the accident, the insurance company has done investigation and in the said investigation, it was found that at the relevant time, in the vehicle in question, about 20 to 22 passengers were travelling by paying fare. Thus, according to the appellant, there was a breach of condition of the policy. It was also stated that the driver of the vehicle drove the vehicle in rash and negligent manner. Therefore, the insurance company is not liable to pay the compensation.