Shital Vijaykumar Gaikwad & Ors. vs Vinayak Ravindra Chavan & Ors.

This appeal is preferred by the appellants-claimants against the Judgment and Order dated 11^th March 2013 passed by the Motor Accident Claims Tribunal, Sangli (for short ‘the Tribunal’) in Motor Accident Claim Petition No. 203 of 2010.

It is contention of learned counsel for the appellants-claimants that the Tribunal has allowed the claim petition of the appellants-claimants but excluded the insurance company from paying compensation on the ground that there was breach of conditions of insurance policy as deceased was travelling in the offending vehicle as gratuitous passenger. Learned counsel further submitted that as per view of the Hon’ble Apex Court in the case of^{2025:BHC-KOL:4253} Anu Bhanvara Vs. Iffco Tokio General Insurance Company Limited and Others^{11.2019 AIR (SC) 3934}, the Tribunal should have passed pay and recover order and requested to allow the appeal. Learned counsel further submitted that two vehicles are involved in the said case. The Tribunal has fixed 20% negligence on truck and 80% on tanker. The Tribunal has exonerated the tanker from paying compensation on the ground that the deceased was travelling as gratuitous passenger and there was breach of terms and conditions of insurance company.

Learned counsel for respondent no. 5 submits that appropriate order be passed.

Though respondent no. 6 insurance company is served, none present for the respondent-insurance company. The appeal is of the year 2013. Several chances are given to respondent-insurance company to argue the matter but none present for respondent insurance company. Hence, I am deciding this appeal on merits.

I have heard both learned counsels, perused the impugned Judgment and Order passed by the Tribunal. While exonerating the insurance company of the offending tanker, the Tribunal has observed that deceased was travelling in the tanker as gratuitous passenger. There was breach of terms and conditions of insurance policy hence,^{2025:BHC-KOL:4253} insurance company is not liable to pay compensation. In my view, admittedly at the time of accident, the offending tanker was insured with respondent-insurance company. As per the view of the Hon’ble Apex Court in the case of Anu Bhanvara (Supra) pay and recovery order can be passed. In the present case, the deceased was travelling in offending vehicle as gratuitous passenger and accident occurred. The ratio laid down by the Hon’ble Apex Court is squarely applicable to the present appeal and I pass following order.

The appeal is disposed off in above terms. ^{2025:BHC-KOL:4253}

Pending applications, if any, are disposed off accordingly.