ORIENTAL INSURANCE CO LTD Vs. RUKHMANICHANDRABHAN CO LTD

JUDGEMENT

(1.) THESE appeals arising out of the awards passed by the Motor Accidents Claims Tribunal, Aurangabad, have been disposed of this common judgment as the main claim petitions arise out of the accident dated 22-2-1991, involving Matador Vehicle MVF 8236 and truck Notn-27x-1168. Tribunal awarded compensation of accident, ,wherein about ten persons died and seventeen 25,000/- in each application, under Section 140 of the Motor Vehicles act The appellant-Insurance Company has been impleaded in those wards and it is the Insurance Company that has come up in all those appeals inter alia, contending that the owner and insurer of Truck No. TN-27x-1168 have not been impleaded in the claim Petition by the claimants and further that the owner of the Matador used the vehicle for conditions of the insurance plicy and fr these reasons all the appeals, should be allowed and the award passed by the Tribunal in various applications against the insurance company should be set aside.

(2.) THIS has indeed been countered by the claimants as well as the owner of the Matador No. MVF 8236 on the ground that law does not enjoin upon the claimants to implead the owners and insurers of both the vehicles since the liability is joint and several and further that under Section 140 of the Motor Vehicles. Act the defence of breach of condition of the insurance policy cannot be pleaded by the Insurance Company. The liability under the said provision is absolute, indefensible and unimpeachable.

(3.) IN order (o appreciate these arguments, few facts may be narrated and they are that on 22-2-1991, the deceased and other passengers were travelling from village Fatepur towards Bhayegaon for attending the marriage in Matador Vehicle No. MVF 8236 owned by original Respondent no. 1 and insured with Respondent No. 2 Company. It seems that when that Matador vehicle was returning, it dashed against Truck of the above number and ten persons including the driver died whereas seventeen persons sustained injuries. The main allegation of the claimants in all these claim petitions was that the driver of the Matador vehicle was rash and negligent while driving the said vehicle when the accident took place. The claimants filed various applications for recovery of compensation of Rs. 25,000 on no fault basis under Section 140 of the Motor vehicles Act, 1988.