NATIONAL INSURANCE COMPANY LIMITED Vs. BANDENAWAJ

JUDGEMENT

(1.) THESE three appeals arise out of a common judgment and award passed by the M. A. C. T. , bijapur, in M. V. Cs. 617/99, 620/99 and 1201/99 dated 1-7-2003. In these appeals filed by Insurance company, the contention of the appellant is that liability of 12 passengers and driver (12 + 1) had been covered and accordingly, the Insurance company has satisfied the award based on the judgments passed in M. V. Cs. 637/99, 632/99, 633/99, 634/99, 636/99, 640/99, 641/99, 642/99, 644/99, 645/99, 646/99, 647/99, and therefore, in the present claim petitions, the insurance Company is not liable to pay compensation.

(2.) WE have heard the learned Counsel for the appellant and the learned counsel for the respondents.

(3.) IN a motor accident that occurred on 18-12-1998 at about 10. 00 p. m. , persons travelling in a maxi cab bearing no. KA-29/2400 sustained injuries and one person died due to the rash and negligent driving of the said vehicle. Claim petitions were filed by the injured and L. Rs. of the deceased. The Tribunal after enquiry, passed the award in all the above 12 cases. In the claim petitions, out of which these appeals are filed viz. , m. V. Cs. 617/99, 620/99 and 1201/99, the Tribunal held hat the accident occurred due to rash and negligent driving by the driver of the said vehicle insured with the appellant, and that he appellant is liable to satisfy the awards, in view of the proviso to the clause in the policy for the purpose of calculating 12 passengers for whom premium has been collected. According to the said proviso, any three children not exceeding 15 years of age will be reckoned as two persons and any child in arms not exceeding three years will be disregarded. Therefore, it was held that having regard to the fact that the awards which the appellant has satisfied were in respect of minors who had sustained injuries, the liability of the insurance Company would not exceed 12 passengers.