NATIONAL INSURANCE CO LTD Vs. R. KANNAN

JUDGEMENT

(1.) These batch of Civil Miscellaneous Appeals are filed against the common order dated 30.10.2002 passed by the Motor Accident Claims Tribunal/Subordinate Court, Virudhunagar District in M.C.O.P. Nos.407 to 443 of 1997 and 256 and 311 of 2001.

(2.) The facts in nutshell are that the accident took place at about 11.30 a.m. on 25.05.1992 near Palanatham in Aruppukottai - Virudhunagar Main Road. The bus which met with the accident was proceeding from Aruppukottai to Rajapalayam. It is a private route bus.

(3.) The case of the appellant is that the passengers who were travelling in the bus have illegally loaded explosives in the bus, which was known to the conductor or driver of the bus and as per the regulation it is the duty of conductor and driver to see prohibited goods were not loaded in the bus. In spite of the regulations, the conductor and driver were negligent in allowing the passengers to carry the same, which caused the fatal accident resulting in death of passengers and grievous injuries to some other. The engine got fired due to the presence of the explosives inside the bus, which was proved before the Tribunal through report of the forensic department and through some witnesses. Such being the case, the Tribunal while granting compensation ought to have considered the pay and recovery in respect of the appellant insurance company is concerned. Contrary to the principles, the Tribunal failed to award pay and recovery and fixed the liability only on the insurance company and therefore, the Civil Miscellaneous Appeals are to be allowed.