STATE Vs. M/S. ORIENTAL INSURANCE COMPANY LTD., REPRESENTED BY DIVISIONAL OFFICER, D.O.T.H. TOWERS, MARKET ROAD, MUVATTUPUZHA, PIN

JUDGEMENT

(1.) The owner of a lorry, which was involved in a motor accident resulting in the death of seven persons and causing injuries to several persons and also damage to property has come up in this appeal challenging the award of the tribunal permitting the insurer to realise the award amount from him, on finding breach of policy conditions by the insured. Since a common issue is involved in all these appeals, these cases are being disposed of by a common judgment. The brief facts involved in the cases are as follows:

(2.) The lorry owned by the appellant bearing Registration No. KL 7/AG 2330 driven by the second respondent before the tribunal rammed into a procession held by the Congress party workers near Pothanikkadu-Chathamattom Panchayat Office Junction. The lorry also hit against the building situated by the side of the public road. 19 persons were injured and taken to different hospitals immediately after the accident. Out of the 19 injured, seven persons succumbed to the injuries on the same day. Claim petitions were filed by the dependents of the deceased persons as well as injured and also the owner of the property, which had been damaged in the accident.

(3.) The driver and the insured (appellant) remained ex parte. In the statement filed by the insurer, it was contended that there was a breach of the policy conditions. Accepting the uncontroverted averments in the written statement, tribunal passed an award on 17.6.2013, directing the insurer to pay the amount and granting liberty to realise the award amount from the insured. This ex parte award was challenged by the insured/the appellant in O.P.(M.A.C) 118 of 2014 before this court. This court set aside the ex-parte award to the extent, it exonerated the insurer and gave an opportunity to the insured to raise his pleadings and contest the case against the insurer. Thereafter, the tribunal after affording an opportunity to raise pleadings and adduce evidence passed the impugned award. The tribunal found that the policy conditions have been breached by the insured and passed the revised common award on 2..2.2015. Challenging this award these appeals have been filed.