ORIENTAL INSURANCE COMPANY LTD Vs. BABY KOMAL

JUDGEMENT

(1.) These 19 Appeals (MAC APP.167/2008, 168/2008, 169/2008, 170/2008, 171/2008, 172/2008, 173/2008, 197/2008, 199/2008, 200/2008, 201/2008, 202/2008, 203/2008, 204/2008, 205/2008, 209/2008, 210/2008, 211/2008 and 212/2008) are directed against a common judgment dated 30.11.2007 whereby the Appellants plea of breach of the terms and conditions of the policy in 19 Claim Petitions (in Suit Nos. 335/2007, 336/2007, 337/2007, 338/2007, 339/2007, 340/2007, 341/2007, 342/2007, 343/2007, 344/2007, 345/2007, 346/2007, 347/2007, 348/2007, 349/2007, 350/2007, 351/2007, 352/2007 and 353/2007) was rejected and the Claim Petitions were allowed.

(2.) BEFORE turning to the legal question raised in the Appeals, I may delve into the facts of the case and the plea taken by the respective parties.

(3.) RESPONDENT Tagore International School (the owner of the bus hereinafter referred to as the ,,School) contested the Claim Petitions by way of filing separate written statements. While denying negligence on the part of its driver Fazal Haque (who died during pendency of the Claim Petitions) the school took up the plea that the bus was sent to Kali Banga where some of its students had gone to study the remains of Harappa, an ancient civilization. In the evening of 18.08.1999 an intimation was received that there was acute shortage of drinking water and food for the students. It was decided to send some drinking water and food packets. On the next day, the school arranged food packets and drinking water and stacked it in the dicky of the earlier said bus. Later on, the school authorities came to know that the bus met with an accident and a number of persons were travelling in the said bus at that time. It was revealed that some poor people had requested the driver for a lift up to Gogamedi where a traditional fair was being organized, which was on way to Kali Banga. On humanitarian grounds, the driver had offered them lift without any charge or reward. The school took up the plea that neither the management of the school nor any person from the school authorized the driver to give lift or to allow any person to board the bus on the way.