SANTHOSH KUMAR Vs. KAREEM

JUDGEMENT

(1.) This batch of appeals is from the common award dated 20.7.1989 passed by the Additional Motor Accidents Claims Tribunal, Ernakulam. The claimants in motor accident claims are the appellants. The main contesting respondent in these appeals is the New India Assurance Co. Ltd., Ernakulam, the JBsarer of the offending vehicle involved in the motor accident which occurred on 13.9.1986. The appellants sustained injuries in the above accident and, therefore, filed the claim petitions before the Tribunal claiming compensation under section 110-A of the Motor Vehicles Act, 1939 (for short 'the Act'). The Tribunal after enquiry awarded the compensation to all claimants but the insurance company was absolved from indemnifying the owner of the vehicle. The claimants being aggrieved by the aforesaid decision of the Tribunal filed these appeals.

(2.) The claim petition Nos., appeal Nos., compensation claimed and compensation awarded are tabulated hereunder: <FRM>Claim Petition No. Appeal No. Compensation claimed Compensation awarded O.P. (M.V.) 10 of 1987 MFA 144 of 1990 Rs. 55,300 Rs. 11,000 O.P. (M.V.) 13 of 1987 MFA 152 of 1990 Rs. 30,000 Rs. 11,000 O.P. (M.V.) 11 of 1987 MFA 153 of 1990 Rs. 25,000 Rs. 7,000 O.P. (M.V.) 12 of 1987 MFA 168 of 1990 Rs. 58,500 Rs. 12,000</FRM>

(3.) The dispute involved in these appeals mainly relates to the coverage of Exh. Bl policy. On behalf of the appellants it was contended that the finding of the Tribunal that the injured were the passengers carried by the lorry and so they were not covered by Exh. B1 policy was faulty and unsustainable in law. On the other hand the counsel for the insurance company submitted that the policy in question is an 'Act only' policy and there was no liability to pay compensation for the passengers carried by the lorry inasmuch as no additional premium was collected.