NATIONAL INSURANCE CO. LTD Vs. ABDU

JUDGEMENT

(1.) M.F.A.No. 746/99 to O. P. No. 21598/99 arise out of ten petitions filed under S.166 of the Motor Vehicles Act, 1988 by persons injured in a motor accident happened on 20-11-1993. A separate award was passed by the Motor Accidents Claims Tribunal, Perumbavoor in O. P. (MV) 247/94 from which arises M. F. A. 746/99. In all the other nine petitions a common award dated 27-2-1999 was passed.

(2.) O.P.No. 18866/99 to M. F. A. No. 1598/96 arise out of claim petitions filed by persons injured in an accident happened on 7-5-1991. All the petitions were disposed of by the Motor Accidents Claims Tribunal, Irinjalakuda under a common award dated 24-7-1996.

(3.) In all the above appeals and original petitions at the instance of the National Insurance Company Ltd. and the Oriental Insurance Company Ltd. a common issue arises for consideration. The issue is whether an Act policy issued under S.147 of the Motor Vehicles Act, 1988 would cover passengers in a goods vehicle. The vehicle involved in the first batch of cases is a lorry bearing registration No. KLA-6217. Number of persons were travelling in the lorry. It capsized, as a result of the rash and negligent driving of the driver of the lorry, resulting in death of two passengers and injury to other passengers. O. P. (MV) 247/94 and O. P. (MV) 285/94 are filed by legal heirs of two passengers who died in the accident. All the other eight petitions were filed by the injured passengers.