DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. LAXMAWWA

JUDGEMENT

(1.) National Insurance Co. Ltd. has filed these appeals impugning the common judgment and separate awards passed in M.V.C. Nos. 821 to 828 of 2004, by the learned Member, Additional Motor Accidents Claims Tribunal, Hubli allowing in part, the claim petitions filed under section 166 of the Motor Vehicles Act, 1988 (for short, 'the Act') against the appellant and another, fixing initial liability on the appellant to pay compensation amount, observing that it is entitled to recover the excess amount than the permit liability of 12+1, from the owner of the vehicle.

(2.) We have heard Mr. Rajashekhar S. Arani, learned counsel for the appellant and Mr. Dinesh M. Kulkarni along with Mr. Mahesh Wodeyar, learned counsel for the respondents and perused the record. The learned counsel consented for final disposal of the appeals.

(3.) The facts which are not in dispute are that the appellant had issued the policy of insurance in respect of a maxicab bearing registration No. KA 25-6348, which had the permit to carry 12 passengers. The policy of insurance was issued to cover the risk of 12 passengers and a driver. The vehicle met with an accident on 30.4.1999. In all, 9 claim petitions under section 166 of the Act were instituted before Motor Accidents Claims Tribunal, Hubli. Based on the pleading of the parties, the Tribunal framed issues. During the course of enquiry on behalf of claimants PWs 1 to 9 deposed and Exhs. P1 to P26 were marked. On behalf of the insurer RW 1 deposed and Exhs. R1 to R3 were marked. Considering the oral and documentary evidence, the Tribunal has allowed the claim petitions in part.