NEW INDIA ASSURANCE CO. Vs. VASU

JUDGEMENT

(1.) All these appeals are arising from a common judgment passed in nine claim petitions preferred by the claimants in respect of death of one person and injuries sustained to eight persons in an accident that occurred on 31/5/2005. OP(MV)No.865/2005 (MACA No.609/2009) was filed by the legal heirs of the person who died in the said accident. M.A.C.A.Nos. 3021/2008, 3029/2008, 3043/2008, 3069/2008 and 2981/2008 were filed by the 3rd respondent/Insurer challenging the awards passed in OP(MV)Nos.867/2005, 864/2005, 865/2005, 862/2005 and 861/2005 respectively, being aggrieved by the liability imposed upon them to pay the compensation at the first instance and to recover the said compensation from the registered owner of the vehicle. Even though there were nine claim petitions, only against five claim petitions, the Insurance Company filed appeals on the reason that, the amounts awarded in the other claim petitions were lesser than Rs.10,000.00 and, therefore, there was no appeal contemplated under Sec. 173 of the Motor Vehicles Act. (The parties are hereinafter referred to on the basis of the respective ranks in the claim petition)

(2.) The common case of the claimants are as follows:

(3.) The 3rd respondent, the Insurer of the lorry, submitted separate written statements in all the cases admitting the existence of a valid policy for the said vehicle. However, it was contended that, they were travelling on the paltform of the lorry and they were gratuitous passengers carried in a goods vehicle. Therefore, it was contended that, the coverage of policy cannot be extended to such persons. Hence they sought for exoneration from the liability.