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2014 Supreme(Bom) 1211

T.V.NALAWADE
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Wahidbi W/o Pashabhai Shaikh – Respondent


Advocates appeared:
Shri. Santosh G. Chapalgaonkar, Advocate, for appellant.
Shri. R.B. Deshpande, Advocate, for respondent No.1.

Judgment :

1. Admit.

2. Notice after admission made returnable forthwith. Heard both the sides for final disposal. Such order was made by this Court on 21st April 2014.

3. The appeal is filed by the Insurance Company against the judgment and award of MACP No.95 of 2008 which was pending before the Claims Tribunal Ambajogai, District Beed. In a petition filed by the respondent No.1, original claimant, the Tribunal has awarded compensation of Rs.1,42,500/- and the owner and Insurance Company are made jointly and severally liable to pay the compensation amount.

4. It is the case of the Insurance Company that the rider of the motor cycle was not holding valid and effective driving licence on the date of accident and so it cannot be held liable to pay the compensation. In view of this defence issue was framed by the Tribunal. Both the sides gave evidence.

5. The Insurance Company examined its officer and produced the record like copy of charge-sheet filed against the rider of the motor cycle. Case was filed against the rider of the motor cycle, the offending vehicle, for offence of driving the vehicle without valid and effective driving licence (under section 3 read with section 181 of t














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