MAHARSHI DAYANAND SHIKSHA SAMITI Vs. RAM BAI

JUDGEMENT

(1.) This order shall govern the disposal of Miscellaneous Appeals (C) No. 1217/2012, 1218/2012, 1219/2012, 1250/2012 and 1251/2012, as, in all the five appeals, common questions of fact and law are involved and they have arisen out of the one and same accident. M.A. (C) No.1217/2012 is taken up as the lead case.

(2.) These are appellant/owner 's appeal preferred against the award dated 20.09.2012 passed by Motor Accidents Claims Tribunal, North Bastar, Distt. Kanker (for short 'the Claims Tribunal ') in claim cases No. 153/2011, 106/2011, 127/2011,111/2011 and 154/2011, by which the liability to make payment of compensation has been fastened upon the appellant/owner exonerating the respondent/insurance Company from its liability of payment of compensation holding that the driver of the offending vehicle (bus) was not possessing a valid and effective licence to drive the said vehicle (bus) on the date of accident and the offending vehicle also did not have permit to be plied to carry students on the date of accident.

(3.) The facts (as stated in lead case - Misc. Appeal (C) No.1217/2012), necessary for adjudication of these appeals, are as under: -