NEW INDIA ASSURANCE CO. Vs. NASIRKHAN ABDULRAHEMAN BALUCHI

JUDGEMENT

(1.) The present appeals are filed by the appellant - Insurance Company under Sec. 173 of the Motor Vehicles Act, being aggrieved by and dissatisfied with the judgments and awards dtd. 31/3/2010 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.443 of 2008, dtd. 30/6/2011 passed by the Motor Accident Claims Tribunal (Aux.), Narmada in Motor Accident Claim Petition No.18 of 2008, dtd. 30/6/2011 passed by the Motor Accident Claims Tribunal (Aux.), Narmada in Motor Accident Claim Petition No.163 of 2008, dtd. 31/3/2010 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.444 of 2008, dtd. 31/3/2010 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.479 of 2008, dtd. 30/6/2011 passed by the Motor Accident Claims Tribunal (Aux.), Vadodara in Motor Accident Claim Petition No.20 of 2008, by which, the learned Tribunals have partly allowed the claim petitions of the claimants and awarded the compensation as noted in the impugned judgments and awards by holding the opponents jointly and severally liable.

(2.) The facts of the present appeal are as under :

(3.) Learned advocate for the appellant - Insurance Company has mainly assailed the impugned judgments and awards on the ground that the accident occurred due to bomb blast and not because of vehicular accident and therefore the learned Tribunals have no jurisdiction to try the claim petitions. Further, the deceased were passengers in luxury bus but there was no accident as envisaged under the provisions of the MV Act, 1988 and the fatal injuries were because of bomb blast and therefore, the owner, driver and the insurance company cannot be held liable to pay the compensation. He, therefore, submitted that the appeals are required to be allowed and the claim petitions are required to be dismissed.