NATIONAL INSURANCE COMP. LTD. Vs. RAJ KALI

JUDGEMENT

(1.) All the present appeals have been filed by the appellants-insurance company under Section 173 of Motor Vehicle Act, 1988, against the judgment and award dated 07.09.2001, passed by the Motor Accident Claim Tribunal, Unnao. All appeals are related to common accident, so, we proceed to decide all these appeals by a common judgment and order. The details of the claim petitions and compensation awarded by the Tribunal are as under:- <FRM>JUDGEMENT_881_TLALL0_2013_1.html</FRM>

(2.) The brief facts of the cases are that on 01.03.1998, a jeep bearing number U.P.35A/8197 was plying as passenger vehicle. After paying the fair, 14 persons were travelling in the said jeep. When the jeep reach near village Kanti, Unnao Raebareli Road at about 7.00 p.m., from the opposite direction, a truck bearing number U.P. 32A 4497 was coming, whose driver was driving the vehicle carelessly, rashly and negligently and there was "head on collision" between the vehicles which resulted the death of five passengers and remaining passengers got serious injuries. They were taken to hospital. The Tribunal has examined the entire evidence and source of income, age etc. and awarded the compensation against the insurance companies, namely, National Insurance Company and United Insurance Company. Being aggrieved, the appellants-insurance company has filed the instant appeals.

(3.) With this background, Km. Pooja Arora, holding brief of Sri S.C.Gulati, learned counsel for the appellants-insurance company submits that the jeep was insured for only seven passengers, but there was over loading of the passengers. So, the liability of the appellants-insurance company is limited to the seven persons. Due to the violation of the breach of policy condition, no compensation is payable. She also submits that the interest @ 12% awarded by the Tribunal is on higher side. For the purpose, she relied on the ratio laid down in the case of Smt. Kaushnuma Begum & others vs. The New India Assurance Co. Ltd. & others, 2001 1 Supreme 5.