NEW INDIA ASSURANCE CO. LTD. Vs. KRISHNA THEVAR

JUDGEMENT

(1.) SINCE the issue involved in the civil revision petitions and the parties are one and the same, a common order is being passed.

(2.) THE revision petitioner has challenged in all the four civil revision petitions the fair and decreetal order dated 25.02.2005 made in M.C.O.P.No.96 of 2004, 93 of 2004, 94 of 2004 and 95 of 2004 passed by the Motor Accidents Claims Tribunal (Chief Judicial Magistrate Court), Tirunelveli.

(3.) THE brief of the facts are as follows: - The Insurance Company is the revision petitioner before this Court. It their case that for the accident took place on 11.08.2002, the claimants filed the claim petition claiming a sum of Rs.1,00,000/ -, Rs.30,000/ -, Rs.25,000/ - and Rs.1,00,000/ - respectively. The said claim petitions were resisted by the Insurance Company by filing counters. Their contention was that due to the rash and negligence driving of the first respondent's driver(second respondent herein) only, the accident had occurred. Moreover, it was a specific contention of the Insurance Company that on the date of accident besides the driver, there were 21 persons travelling in the said vehicle when the carrying capacity itself was only 12+1. If that be so, permitting more number of persons to travel in the said vehicle is a violation of the policy condition. Therefore, they contended that the Insurance Company are not liable to pay the compensation sought for by the claimants. The tribunal by an order dated 25.02.2005 allowed the claim petitions and directed the Insurance Company to pay the amount to the 1st respondents/claimants. Aggrieved by the said order the Insurance Company has filed the above revision petitions for the aforesaid relief.