MANAGER ORIENTAL INSURANCE CO LTD Vs. SHANKRA NAIKA

JUDGEMENT

(1.) THESE revision petitions are directed against the common judgment and award dated 5. 2. 2002 passed by the m. A. C. T. No. II, Bellary, in M. V. C. Nos. 634, 635, 636, 637, 638, 639, 640, 641, 646, 648, 679, 680, 567, 681 of 1992, 73 of 1993, 76 of 1993, 568 of 1992, 78 of 1993, 569, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 of 1992 and 79 of 1993.

(2.) THE case of the petitioner insurance company is that the respondent No. 2 being the owner of lorry bearing No. KA 25-2059 was carrying more than 40 labourers in the lorry on 17. 7. 1992 and 42 claim petitions were lodged before the M. A. C. T. seeking compensation for the personal injuries and death. The petitioner got marked Exhs. R-1 to R-6 including the amount deposited by the petitioner in W. C. Nos. 213 of 1996, 214 of 1996 and 26 of 1993 which were lodged by the employees of the owner of lorry. The Tribunal has proceeded to fasten the liability on the petitioner on the sole ground that the occupants were not unauthorised passengers and as such, petitioner is liable to pay compensation.

(3.) HEARD the learned counsel for the petitioner and the learned counsel appearing for respondent No. 2. The claimants are served but unrepresented. Notice to respondent No. 3 is dispensed with in view of the fact that he has not contested the matter and remained ex pane before the tribunal.