NATIONAL INSURANCE COMPANY Vs. PUNABHAI ZERABHAI KOLI

JUDGEMENT

(1.) These eight appeals and three others arise out of a common judgment and award passed by the Motor Accident Claims Tribunal (Main) Panchmahals at Godhra. Three other appeals namely First Appeals Nos. 1908 1909 and 1910 of 1984 have been dismissed by our order dated 5/03/1985 on the ground that the amount awarded therein were small and it was not necessary to go into the merits of the contentions.

(2.) The cleaner and other employees employed for the purpose of loading and unloading goods who were travelling in the vehicle in question met with the accident. They themselves or their dependents as the case may be filed the claim petitions before the Motor Accident Claims Tribunal Godhra. The claim petitions have been allowed to the extent indicated in the award. The Insurance Company has also been had liable in view of clause I.M.T. 16 of the Insurance Policy. We are happy to note that the Tribunal has adopted must and reasonable approach in construing this clause

(3.) Counsel for the appellant-Insurance Company contends that the liability under clause I.M.T. 16 is restricted to Six persons only and the Insurance Company would not be liable to indemnify in respect of the persons exceeding six in number including the driver and cleaner. In this Case in all eleven persons are injured. Some of them have died. In short there are eleven claim petitions