T RAMAIYA Vs. NATIONAL INSURANCE COMPANY SIVAGANGAI

JUDGEMENT

(1.) THESE 11 revision petitions have been filed challenging the awards made by the learned Motor Accidents Claims Tribunal (Sub-Court), Sivaganga in M. C. O. P. Nos. 167 to 175 of 2003, 177 and 183 of 2003 insofar as the awards relate to the direction contained in Clause 5 of the decree that the Insurance company viz. , the first respondent herein shall be entitled to recoverthe award amounts from the petitioner after paying the same in accordance with award to the claimants.

(2.) THE brief facts of the case are follows: the petitioner is the registered owner of the vehicle bearing Registration no. TN-31 -N-0289. On 15th April, 2003, the said vehicle involved in an accident in which admittedly 30 persons travelled in the said vehicle at the time of accident and sustained injuries. Out of the said 30 persons, 18 have come forward with the claim petition in M. C. O. P. Nos. 167 to 175 of 2003,177 and 183 of 2003. Admittedly, the vehicle was covered by an insurance issued by the first respondent herein covering the relevant period. On full trial, the Tribunal was pleased to pass awards granting compensation with interest at 9% p. a. from the date of award as detailed below: <FRM>JUDGEMENT_118_ANDHWR1_2008Html1.htm</FRM>

(3.) DURING the trial, a specific plea was taken by the first respondent Insurance company that there was a clear violation of the policy condition and therefore the insurance Company is not liable to pay compensation to the claimants so as to indemnify the petitioner herein. According to one of the permit conditions, the vehicle can carry only 25 persons, whereas, at the time of accident, it was carrying 30 persons and therefore it is a clear violation of the said permit condition.