JUDGMENT

A.M. Dhavale, J. (Oral) - The Insurance Company has filed this appeal challenging the judgment and order dated 26.11.2015 in Motor Accident Claim Petition No. 15 of 2012 delivered by the learned Member of the Tribunal at Shrirampur whereby, the claimants were awarded compensation of Rs. 5,00,000/- payable by the owner with order of pay and recover against the insurer for death of a 15 year old child.

2. As per the record on 06.01.2012, the deceased Jalindar was proceeding on his bicycle, when school bus bearing No. MH17T5855 belonging to respondent no.1 gave dash to him, as a result he died. The vehicle was insured with respondent no.2. The learned Trial Judge found that the vehicle was plied on road without valid permit and therefore the insurance company was not liable. Relying on the judgment in case of Kishan Gopal and Anr vs. Lala and Ors, 2014 (3) Mh. L.J. 560 , he awarded compensation of Rs. 5,00,000/- payable by respondent no.1. There was order for pay and recover against respondent no.2. Hence this appeal.

3. The learned Advocate Shri Mohit Deshmukh holding for Shri Chapalgaonkar argued that the appeal was filed on two grounds, there was fundamental breach of polic