S.V. DEEPAK Vs. MAQBOOL JON

JUDGEMENT

(1.) The appellant in MFA. Nos.4305/2011, 4307/11 and 4308/2011 is the owner of insured vehicle involved in the accident (stage carriage bus). The appellants in MFA.No.10962/2012 are the claimants MVC.No.206/2010. They have filed MFA. No.10962/2012 for enhancement of compensation and also to fix the liability on insurance company. The tribunal has exonerated the insurance company on the ground that at the time of accident the insured bus was carrying about 80 passengers against the permitted seating capacity of 33. Therefore, the owner is liable to pay compensation.

(2.) I have heard Sri. A. N. Krishna Swamy, learned counsel for insurance company and Sri. Spoorthy Hegde, learned counsel for claimants.

(3.) As already stated, the tribunal has exonerated the insurance company on the ground that the insured has violated the permit condition allowing the insured vehicle to carry 80 passengers as against permitted capacity of 33. In my considered opinion, this cannot be a ground to exonerate the insurance company of its liability. The tribunal should have considered whether amongst the passengers, who were travelling in the insured vehicle at the time of accident had filed claim petitions in excess of the permitted seating capacity of insured vehicle. In other words, whether more than 33 claim petitions arising out of the same accident had been filed before the tribunal.