NATIONAL INSURANCCE COMPANY LIMITED Vs. R MAHESWARI

JUDGEMENT

(1.) These appeals are directed against the award of the Motor Accidents Claims Tribunal, Chennai, in M.C.O.P.Nos.422, 421, 419, 420 and 423 of 1995 respectively, disposed of by a common order. The Insurance Company is the appellant before this Court questioning the liability.

(2.) The claim relates to an accident which is alleged to have taken place on 23.5.1994 at about 9.30 p.m. The claimants in O.P.Nos.420, 422 and 423 of 1995 along with one Balaji and Dhanalakshmi were travelling in an auto bearing registration No.TN.01-T.1085. The driver of the auto-rickshaw drove the vehicle in a rash and negligent manner, according to the claimants, and dashed against the bus belonging to the State Transport Corporation. Balaji and Dhanalakshmi died due to the accident while others sustained grievous injuries. M.C.O.P.Nos.419 and 421 of 1995 were filed by the legal representatives of Balaji and Dhanalakshmi. Claimants in M.C.O.P.Nos.419 to 423 of 1995 have claimed compensation of a sum of Rs.1,00,000/-, Rs.75,000/-, 2,00,000/-, Rs.1,00,000/- and Rs.1,00,000/- respectively.

(3.) The owner of the vehicle remained ex parte. In their counter, the Insurance Company contended that there was no intimation or information from the owner of the vehicle about the accident. The claimants should also establish that the vehicle was validly insured with them. Further there was overloading and the auto-rickshaw carried more than the permitted number of passengers and hence, the Insurance Company was not liable to pay the compensation. The claimants ought to have impleaded the State Transport Corporation also as their vehicle was involved in the accident. The Insurance Company also pleaded that a total number of seven persons had travelled in the auto-rickshaw while the maximum limit for guaranteed passengers for whom the Insurance cover had been done was only three persons and hence the Insurance Company was not liable to pay any compensation.