UNITED INDIA INSURANCE CO LTD Vs. KELUDAPPA

JUDGEMENT

(1.) NOTICE to R1 (c) in m. F. A. No. 992 of 2003 by way of paper publication is accepted. Both the cases arise out of the same accident.

(2.) THE writ petition is filed against the order passed by this court in C. R. P. No. 545 of 2003, which came to be dismissed on the ground that the revision is not maintainable. Hence, the writ is filed challenging the judgment and award in M. V. C. No. 1431 of 1997. M. F. A. No. 992 of 2003 pertains to M. V. C. No. 1417 of 1997.

(3.) THE petitioners are the inmates of the jeep bearing registration No. MH 10-C 0846, which met with the accident. The tribunal awarded compensation to the petitioners and directed the owner and insurer to pay the compensation. The insurer is in appeal seeking avoidance of liability on the ground that there is violation of permit conditions. Tempo-Trax is a private service vehicle. The evidence adduced discloses that the petitioner in M. V. C. No. 1417 of 1997 was travelling as fare paid passenger.