ORIENTAL INSURANCE CO LTD Vs. B LAKSHMAMMA

JUDGEMENT

(1.) Common questions of law arise in all the C.M.As. Hence, they are disposed of by a common judgment.

(2.) The issue that falls for consideration in these appeals is: "Whether the insurer is liable for compensation in respect of gratuitous passengers in a goods vehicle under the provisions of the Motor Vehicles Act, 1988?"

(3.) In C.M.As. except C.M.A. Nos. 1266 of 1999, 654 of 1999 and C.M.A. Sr. No. 95539 of 1998, the factual matrix is that on 7.9.1996 while the lorry bearing No. AAQ 7899 was crossing Papagni River causeway, it had capsized resulting in number of deaths. Therefore, the dependants of the deceased, laid claims under no fault liability under section 140 of Motor Vehicles Act, 1988. The learned Tribunal allowed the claims for a sum of Rs. 50,000 being the amount permissible under no fault liability together with interest at the rate of 12 per cent per annum from the date of the petition till the date of payment. The Tribunal also observed that the goods vehicle was comprehensively insured.