DIVISIONAL MANAGER Vs. VELUGOTI MERAIAH

JUDGEMENT

(1.) These five C.M. As arise out of the common order dt. 27-6-2001 passed by the Motor Vehicle Accidents Claims Tribunal- cum-the Court of District Judge, Ongole, in O.P. No.722 of 2000 and batch. As these C.M.As arise out of one accident, they are being disposed of by this common judgment.

(2.) About forty passengers boarded the lorry bearing No. AP 7T 6549 on 25-5-2000. At about 2.00 a.m. when the lorry reached near Railway gate at Rajupalem due to rash and negligent driving of the driver, it turned turtle resulting in death of some persons and injuries to some others. The claimants of the deceased in these cases filed different OPs before the Tribunal claiming compensation. The OPs were opposed by the New India Assurance Company Limited, appellant herein, inter alia on the ground that the deceased in these cases were unauthorised passengers in the goods vehicle and therefore, the insurance policy does not cover the risk. The Tribunal rejected the contention of the Insurance Company and awarded compensation. The details of the OPs, corresponding C.M.As, amount claimed and amount awarded are as under. <FRM>JUDGEMENT_160_ALT2_2003Html1.htm</FRM>

(3.) The Tribunal directed the amounts to be paid with interest at 9% from the date of petition within 30 days from the date of pronouncement of the order, and also directed that the Insurance Company and the owner shall pay interest at 12% per annum if they fail to pay the amount awarded. Aggrieved by the compensation awarded by the Tribunal, these C.M.As are filed by the Insurance Company.