NATIONAL INSURANCE CO LTD Vs. K ELLAMMAL

JUDGEMENT

(1.) THE above appeals are directed against the common order dated 15th April, 2002 made in M. C. O. P. Nos. 3087, 3274, 3091, 3291, 4396, 3535, 3914, 3093, 3089, 3088, 3092, 3090, 3534 and 3536 of 1998 on the file of motor Accident Claims Tribunal (VI Judge, court of Small Causes), Chennai.

(2.) BRIEF facts leading to the filing of these appeals are that on 10th February, 1998 at 7. 30 a. m. while the first respondent/claimant in all these matters were travelling in a mini lorry bearing registration No. TN-04-Z-7117 alongwith their goods from Koyambedu market to Ponneri, the driver of the said lorry driven it in a very rash and negligent manner. As a result, the lorry capsized, all of them fell down and sustained grievous injuries. They had filed claim petitions seeking compensation from the owner of the said mini lorry and the Insurance Company. The Tribunal held that as the driver of the said mini lorry applied sudden brake, the accident look place and the lorry capsized, as a result of which, the claimants sustained grievous injuries, that the driver alone is responsible for the accident and that the insurance Company alone is liable to pay compensation aw. arded to the claimants. Challenging the award passed by the tribunal, the Insurance Company has preferred the above appeals.

(3.) THE only ground raised by the learned counsel appearing for the appellant/ insurance Company is that the owner of the vehicle viz. , the second respondent has violated permit and policy conditions by carrying fifteen persons in addition to driver at the time of accident and hence it is not liable to pay compensation.