UNITED INDIA INSURANCE CO LTD Vs. DEDISETTI RAMANAMMA

JUDGEMENT

(1.) These four appeals arise out of the decisions of the Motor Accidents Claims Tribunal-cum- V Additional District Judge, Visakhapatnam (for short the Tribunal) dated 25.4.2003 in four original petitions i.e., OP Nos. 812, 810, 813 and 34 of 2001. The United India Insurance Company is the appellant in all the four appeals. These four appeals are being disposed of by a common order as the issue for consideration is same in all the four appeals. In all the O.Ps, the learned tribunal held that cause of accident was rash and negligent driving by driver of the crime vehicle and determined compensation payable to dependants of deceased. The Tribunal declared that the deceased were gratuitous passengers and thus insurance company is not liable to pay compensation. The learned Tribunal held the owner, driver and cleaner of the crime vehicle liable to pay compensation. Having held so, directed the appellant insurance company to first pay the amount of compensation awarded by the learned tribunal and then recover the money from the owner of the vehicle. Assailing the said orders, these four appeals are filed.

(2.) The only issue for consideration in these appeals is having held that the insurance company is not liable to indemnify the owner of the vehicle, whether the claims tribunal is justified in directing the appellant to first pay the compensation awarded by the tribunal to the claimants and then recover from the owner of the vehicle?

(3.) Briefly the facts in these appeals are as under: