UNITED INDIA INSURANCE CO LTD Vs. RAMACHANDRAPPA

JUDGEMENT

(1.) THE Insurance Company has filed these appeals, inter alia contending that insured vehicle (autorickshaw bearing No.KA -02 -B -4150) was permitted to carry three passengers and driver. At the time of accident, claimants (four in numbers) were travelling in insured vehicle. Therefore, Tribunal should not have saddled liability on Insurance Company in relation to four claims, out of which these appeals have arisen.

(2.) I have heard learned counsel for parties and perused records.

(3.) HAVING regard to permitted capacity of insured vehicle and also bearing in mind the interest of claimants, I deem it proper to direct Insurance Company to pay compensation in MVC Nos.901/2009, 902/2009 & 904/2009 and direct the insured to pay compensation in MVC No.905/2009. 7